Historical Profiles

The role of the Notary is an institution that originated in Italy and has very ancient origins.

The term "notarius" dates back to the Roman Republic: in classical Roman law, notarii were slaves entrusted by private individuals with the writing of documents using abbreviations. However, it was only during the decline of the Roman Empire that the role began to resemble more closely to its current form, as the notarius first became an assistant to the Emperor and then a drafter of writings between parties.

Similar figures can be found among the Jews, who appointed scribes or secretaries to receive contracts bearing the public seal, and among the Greeks, who relied on scribes to receive and preserve contracts as evidence of agreements.

However, the figure that most closely resembles modern notaries is that of the tabelliones (so called because they used to write on wax tablets), who drafted private documents ensuring their legal form, although their deeds did not yet enjoy public faith.

After the fall of the Roman Empire, the tabelliones continued their activities and organized themselves into scholae, but it was only with Charlemagne (Capitulary De scriviis et notariis of the year 805) that the fusion of the tabellione and the notarius into a single office was achieved: the deeds of Notaries acquired the same force and effects as a final judgment.

In the Middle Ages, precisely between the 11th and 12th centuries, with the attribution of “publica fides", the role of the Notary began to be considered as a noble profession, but it was only during the time of the French Revolution that the figure of the modern Notary began to emerge. In Italy, it was first regulated by the law of July 25, 1875, no. 2786, followed by Royal Decree of May 25, 1879, no. 4900, later replaced by the law of February 16, 1913, no. 89, still in force.

The figure of the Latin-type Notary currently exists in 76 out of 192 countries. The conditions and regulations regarding the notariat vary from country to country, but increasingly, countries are approaching the Latin-type notariat to study and emulate it, given the results and guarantees it provides, both for the protection of citizens and the State.