The aforementioned rule, although it does not place a limitation on competition between notaries – the lawfulness of which it implicitly recognizes – only prohibits illicit forms, not in themselves, but as a form of damage to the asset protected by the rule of decorum and prestige of the notarial class.
Illicit competition can materialize in a series of typical chinese overseas asia phone number data behaviors (reduction of fees and additional rights, client brokers, advertising) or atypical behaviors (use of any other means not in keeping with the decorum and prestige of the notarial class), among which must be included the search by the notary for customers through the use of illicit or incorrect means.
Guidelines on ethics
Guidelines on ethics issued by the Ethics Commission of the Interregional Committee of the Notarial Councils of the three Venices
The Ethics Commission of the authoritative Organization, created specifically for the purpose of developing uniform interpretative criteria with reference to the ethical principles dictated by the National Council of Notaries, has drawn up a current and precise decalogue on the subject of advertising for Notaries that clarifies to the Notary what advertising he can or cannot carry out. With particular attention to the tools of
The latter identified in the
“normal degree of specific competence and attention that consumers reasonably expect from a professional towards them with respect to the general principles of fairness and good faith in the professional's sector of activity”.
Article 147 of the Notarial Law, as reformed by Legislative Decree 249/2006, prohibits the Notary, under penalty of censure , suspension for up to one year or, in the most serious cases, dismissal , from engaging in any of the following conduct:
compromise, in any way, through one's conduct, in public or private life, one's dignity and reputation or the decorum and prestige of the notarial class;
violate in a non-occasional manner the ethical rules developed by the National Council of Notaries;
The information relating to the organization of the firm must not, even indirectly, lead, through the methods used (for example, the improper use of collaborators' titles), to the appearance of a firm associated with other professionals or the idea that the function is entrusted to collaborators, even if qualified, without the constant control and responsibility of the notary ( see Cassation, III civil section 8036/2014 ).
The prohibition of commercial and/or advertising references, in whatever way they occur, relates to the fact that the purpose of informative advertising is not aimed at the mere acquisition of new customers, but at providing information that allows the customer to make a considered and rational choice.
What the Notarial Law says about advertising for Notaries
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