Legal translations in Italian real estate transactions

All binding legal documents relating to an Italian real estate transaction must be written in Italian, independently from the nationality of the parties. Italian legal writing is highly technical, ritualistic and often archaic due to the close links with Roman Law. Ultimately it can appear to be obscure for people lacking a solid legal background in Italian law. On top of that, the profound differences between legal systems, more specifically between the English/American system based on Common Law and the Italian one based on Civil Law add to confusion.

As a matter of fact there are juridical concepts in Roman Law that simply do not exist in Common Law and viceversa there are concepts bearing the same names in the two systems but having different meanings. As a consequence, an accurate understanding of the legal systems and the legal processes involved is essential for translators or interpreters involved in such important transactions. In reality a deep knowledge of the specialist  terminology is required as well as knowledge of the legal concepts implied. This is why a legal document should never be signed without the assistance of a bilingual qualified lawyer who can explain in English the full scope of your commitment.

Many real estate agents use printed contracts with an English translation, yet such translations are rarely faithful and can often mislead the buyer. It’s important to underline that in case of litigation the Italian version will always prevail.

In the most crucial phase of the transaction, when signing the Deed of Sale in front of the Notary public, the Italian law requires the presence of an interpreter if the buyer is not fluent in Italian. Our advice is to make sure that such interpreter is duly qualified not only under a strictly linguistic point of view, but also in terms of legal background.

Another crucial aspect to bear in mind is the independence of the interpreter. This would exclude a bilingual real estate agent, an English speaking relative or friend of the seller or an Italian English teacher.

Explaining to you the Deed or Sale that you are about to sign is a very delicate task and you want to make sure you are entrusting the right professional. Please remember that the Italian version of the Deed will prevail so it’s essential an expert and independent explanation of the legal implications that are involved.

Your independent legal adviser has the right qualifications to assist you throughout the real estate transaction and will always make sure you  have a full understanding of the documents you are requested to sign and the legal consequences implied.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not an advice. This firm accepts no liability or any responsibility for any statement made.