When a foreigner who does not speak Italian needs to sign a notarial deed in Italy, it is essential to ensure that they fully understand the contents and legal implications of the document. Italian law provides specific procedures to guarantee this understanding and protect the rights of all parties involved.

If the Notary Speaks the Foreign Language

If the notary is fluent in the foreigner’s language, the deed can be drafted directly in that language. In such cases, the document will be prepared in both Italian and the foreign language, either side by side or one after the other. Both versions hold legal value and constitute a single official document. It is important to note that if witnesses are required, they too must understand the foreign language used in the deed.

If the Notary Does Not Speak the Foreign Language

If the notary does not know the foreigner’s language, the presence of an interpreter is mandatory. The deed is drafted in Italian, and the interpreter is responsible for translating it into the foreign language, reading it aloud during the signing. The interpreter must take an oath to perform their duty faithfully, and this declaration is included in the deed. The translation may be attached or added at the bottom of the deed, but it is not considered an integral part of the original document.

The Role of Witnesses

Witnesses are required in certain cases, such as deeds involving donations or when one of the parties is illiterate. If the parties are able to sign, it is sufficient for one of the witnesses to understand the foreign language. However, if the parties cannot sign, both witnesses must understand both Italian and the foreign language. Witnesses can be chosen either by the parties or by the notary, as long as they meet the legal requirements.

Choosing the Interpreter

The interpreter is selected by the parties, but their appointment must also be approved by the notary. It is not necessary for the interpreter to be a certified translator; they may be a trusted individual of the parties, provided they are capable of accurately translating the language in question. In some cases, multiple interpreters may be appointed if the parties speak different languages.

Regional Exceptions

In certain regions of Italy, such as the Aosta Valley and the Autonomous Province of Bolzano, where French and German are official languages, notarial deeds may be drafted directly in these languages without the need for translation—provided that the notary is fluent in them.

Conclusion

Italian law ensures that everyone, regardless of the language they speak, can enter into notarial acts with a full understanding of their content. The presence of qualified interpreters and witnesses guarantees the validity and transparency of the process, safeguarding the rights of all parties involved.

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