The competition deed. Truth and legend
The truth.
The competition is deed the competition more difficult for a law degree. Each candidate, before going over, it faces an average of three times. In fact, statistically speaking, is considerably more difficult to overcome the competition for the military judiciary, or the state to become a lawyer, but only because in the latter, the number of places available is very low.
For each competition are always up for grabs 100/300 seats, compared with a number of competitors after all relatively low (when compared to other competitions): about 5000 people, compared to 10,000 in a competition in the judiciary, or the tens of thousands of other smaller competitions.
At this point, one may ask where does the difficulty of this competition. In our opinion, is due to three factors:
1) is required preparation in civil law that has no parallel in any other public competition; can safely assert that this matter must be known in approximately the monograph. In addition, you must have found signs of town planning law, tax law and notary;
2) the three written tests are very difficult, in seven hours scheduled for the written test (eight of the competition against a magistrate for examination or lawyer) to the candidate is not only required to treat some of the theoretical arguments, but also to draw a deed, often of considerable complexity. In practice the time available to complete the test is very little and there is not much space to reflect, so if you want to win the competition, as well as being equipped with a sound, you need to scan a lot of security and write very quickly;
3) the significant investment of time and money . Prepare the deed means be prepared for the competition a minimum of three years of intense study, and a considerable expense (in the order of a few million) for books and any schools. This, despite being a factor overlooked is after all one of those who contribute most to the natural selection that occurs in this contest.
The Legends
Around this contest legends circulate unchecked.
One of the first of which should take care is that it is hard to find a lawyer willing to accept a practitioner who does not know. In reality it is not so. I noticed there are so many available, which they willingly accept new students, because they can not forget that they themselves would never become notaries if someone had welcomed them into his studio. If you do not know any lawyer, then you should go in person in the city of your studies (or those of a neighboring country, where notaries are often less committed and have more time to receive) and ask to start the practice.
Alternatively, you can contact the board notary in your town, asking if you can point out I noticed a practitioner willing to accept. The board deed of Rome, for example, you will find a helpful and a great employee, called Ianicali, which will certainly help in the search. Many practitioners (and many lawyers) in Rome and province remember him, for you have been advised, encouraged and directed, winning the fear and awe that is often normal when we approach a new and unknown environment.
Another legend of the most common is that the competition can be won only by deed who is the son of a notary, whose legend is often accompanied by another myth (as stupid as offensive to those who have studied for years in order to be able to exercise this profession) that the evidence necessary to overcome corrupt commissioners disbursing high figures.
Actually, who began practicing soon realizes that the reality is very different, there are hundreds of boys, sons of notaries, who have never been able to win the contest in question, whereas in fact there are people who have won despite coming from families very normal, middle class or working.
Of course, we are not saying that this is a competition where there is no misconduct and who has never known the corruption. We're just saying that these lapses are certainly not the rule , not least because the criteria by which you select the commissioners in fact makes very difficult to come to a recommendation. In any event, the 200 people who become notaries in every contest, all can not be recommended.
In fact, the myth that only children of notaries can win this competition has no doubt a foundation of truth, but is different from what is commonly believed. The fact is that this competition requires a significant outlay of time and money, and who comes from a wealthy family is more likely to reach the goal without any problems. Also need the courage to study for years without any certainty of being able one day to become noticed, and this is a step that is not easy to face.
Who is the son of a notary, however, is sometimes an advantage, because, after the initial phase of the study and practice, can often work just at the office of the parent (thereby continuing to study), or at least, while performing another type of work, can never lose contact with the notary (essential in the study and to be motivated to keep constantly updated).
The theoretical
What advice can be given to address the best preparation for the competition. The subjects to be studied are so many and vast, and you will be faced with a vast sea inextricable. The first thing to do then is to arrange a personal study plan to follow in the months ahead, avoiding improvisation. It is not easy. In fact, on the one hand, to study "patchy", without a precise method, can be largely unproductive and constitute a considerable loss of time, on the other hand, a thorough and systematic study of all subjects seems to be a ' an impossible task.
Remember, however, that each has his own method of study and must apply to himself what he feels most congenial to study there is no formula, only valid for everyone. There is a notary of Viterbo who has studied dozens of times on stream, and then read all the rulings and case notes published in the last ten years on the Italian court, and a notary in Rome who has studied all the fundamental monographs on Key topics of civil law, winning the competition at the sixth time. Both are valid methods for those who think they are such, but maybe not recommended for most people.
And 'good advice of others and then listen to them carefully, but without force fit their personality. If you find a text, or a method of study recommended by others, not good for you, change it. Sometimes it takes several months to orient themselves and find their own rhythm and a method for your needs.
First we recommend you to study a basic manual . Before considering the detailed study of any civil law, in fact, it is absolutely essential to have an organic whole and general matters. To this end we recommend Trabucchi, institutions of civil law, or Gazzoni, Handbook of private law. Good is also the manual Barbero and definitely good to Trimarchi.
In the past when you should begin to deepen the study of matter from the bonds and contracts in general , any civil law, in fact, always has links with the general principles in terms of obligations and contracts. Then you can look at other areas, depending on your preference or program carried out by individual schools.
In addition to the study of books is absolutely essential to stay current on the latest court decisions and current issues faced by the doctrine, which often are not treated in textbooks. This will need to subscribe to at least one law review (preferably more than one). Among the various magazines highlight in particular the life of Notaries, which periodically publishes themes which are then corrected in the next issue. Anyone who wants to can submit their own themes developed for the preparation, authoritative and highly trained lawyers provide corrections issues with precision and with much care and corrections are published in the next issue of the magazine.
Good alternatives are the Journal of the notary, Giuffre's and The Notary, dell'Ipsoa.
Keep in mind that in a collective work and a work written by one person is always preferable to the latter. Study of collective works (such as the Commentary by Cendon, or the Treaty of private law by Rescigno) always presents a big problem, consisting in ' heterogeneity of the contributions of the individual authors . So that the reader will find more topics covered so great and the topics covered so bad, some synthetic, others verbose beyond belief. Instead of studying a work written by a single coat (such as the Civil Law of the White, or the Civil and Commercial Law of Galgano) means that, once you learn its strengths and weaknesses of the chosen treatment, then it will be easier to identify which topics to deepen and in what way.
Therefore recommend that, whatever the choice of textbooks to perform, to prefer works written up to two or three authors of collective works and to use as a text for a discussion later.
It 'a good idea, then, after having acquired a solid base (which may take many months), study of more than one text, at least with respect to matters more important.
And 'good, if not essential, to study and deepen monographic parts of the program (with journal articles, monographs, judgments, etc..).
Another good tip is to study comparing multiple texts , and then make a written summary of your staff. This method, which may at first seem wasteful, it is not at all: in the first place will improve the way you write, making you become more and faster, and secondly that you have prepared the summary, there will always be ready to be consulted and redesigned in a few minutes whenever need be.
The practical preparation
One of the problems you encounter studying for the competition on the deed is proper preparation of a deed . At the time of the competition because you have almost total control and security in the drafting of all the main acts. Therefore if you have to exert much in such a way that the drawing up of a mechanism becomes almost automatic. The competition is an uncertainty in the drafting of an act or a question of a clause in the advertisement can take away a lot of time and affect the success of the test, nullifying years of study. In short, it is not allowed to use half an hour to decide whether the statement be inserted in the act INVIM, and if you see a blind man in the act or dumb, or deaf, you can not lose an hour to determine whether you need the presence of witnesses if it is required to read attachments, etc..
You must therefore learn to draw up deeds with all major security and speed. To do so is not yet identified a safe and accurate. There are some indications typically provided by schools of a notary, much of the work, however, need to do it yourself by copying the most important acts of the form, or by using a book of themes developed, including the ones you mention in the bibliography.
The schools
To prepare for the competition notary is not necessary - in theory - to follow any particular school. Many exceed the contest without having ever taken any courses, but this is whitefly, particularly intelligent or otherwise with iron will, which alone have digested 10-20000 pages of books, which have drawn tens of notarial documents by copying them from a form without dying of boredom.
Most mere mortals, however, gains considerable benefit by following a good school. Depending on the approach followed, some of them provide a good theoretical support, because often classes are held on very important, but difficult to find in the texts. In most cases, however, each school provides a wealth of tips, lessons and other tools that can be crucial to overcome the competition with confidence.
Many schools are organized by notary tips of the main Italian cities. Some of them are really bad, poorly organized and low-level classes. Other - albeit with the limitations due to the low number of hours in relation to the vastness of the program - are very good (for example, an opinion quite flattering to receive advice notary schools in Rome, Padua, Naples and Milan). Excellent is the school of notary Santangelo in Naples.
In principle, before enrolling in a course of a notary, well see the program , check the number of hours devoted to individual subjects and ensure that sufficient space is allocated to more important matters, that is, commercial law, contract law and bonds, inheritances. In particular it is important that schools devote a certain number of hours to the law and notarial acts of writing techniques. Also prefer schools that assign themes to play at home and then are individually correct , it is important to understand at the outset if your writing style is sufficiently clear and complete in order to correct any errors immediately setting.
Lately, there arose numerous private schools, and in some cases you can follow the correspondence courses . Some provide, at a very high price, dispensations should be helpful in the study. Who among us has not tried it are satisfied. The correction of the issues was unsatisfactory, the traces of the issues proposed, then, were definitely not in line with what is requested in the contest, suffice it to say that among all the questions asked and that we had to play (30 topics!) Was not provided for any act one involving a real estate transfer. The titles were as follows: "Tom makes a loan to Dick for the sum of L. 100,000,000: Establishing the act and talk of the loan." The handouts were at their true level of fraud in one case, we've sent storerooms that comprise - in addition to materials of low overall level - even an extensive commentary on the financial statements of the articles. Now, already in itself is not easy to see what good deed for the competition may have a comment to the financial statements of companies, but most left us puzzled was commented that the articles were those prior to the reform.
In principle, therefore, before signing up, sight unseen, ask well, ask the name of who will correct the issues and ask to see the titles in advance to ensure they are appropriate to the preparation you want to achieve.
Capozzi
A special mention deserves the course of a notary Guido Capozzi, held in Naples, Cimarosa alley. Its lessons are guys from all over Italy, including the islands.
This is one of the many schools that notaries are held throughout Italy, but it is the school of notaries. Following its course you can have almost everything it takes to be noticed, the right advice (bibliography, signaling the most important topics), the setting of the study method, a method in dealing with the casuistic material that does not get bored and prepares as due to address the issues that will arise later in the contest.
Capozzi can not be faulted. Either you love or hate. Few hate him, but a fact is that half of the Italian notaries was a student of Capozzi. Even those who hate him to study at the end end up on his books or on her notes, except that blatantly deny ever having read a line written by him. When a book is well written, clear and concise, but complete at the same time, it is said to Capozzi, an adjective that qualifies those who were his students. In short, Capozzi has created a style.
The course lasts two years and is held weekly lessons, you can choose whether to follow the course on Monday, Wednesday or Friday. The first year is treated contract, bonds and companies. The second year of voluntary jurisdiction (good) and inheritance. The cost of the course is accessible. However, what can be very expensive for a family fixed income are the costs of the tips that you must issue the guardian of the parking lot adjacent to the school, which - for those who use the machine - is greater than the total cost of the school (defined in terms tips strictly legal as "not mandatory but at the same time is not optional", a category which includes part of the doctrine outright as part of mandatory).
For those who are not in Naples, however, the shock of the first time can be significant, because everything is organized with the method, the imagination and the chaos that is typical of the Neapolitans. Lessons are taught on the ground floor of his house. There is so for four hours at close quarters without having the opportunity to not move a muscle. Being the center of the room and feel the need to go to the bathroom can be a devastating experience.
Who can take the course for two years without succumbing not only has a good chance of winning the contest but will be prepared to face the most difficult experiences of life.
All Capozziani arise, however, for years the same relentless question: why the president does not give the Capozzi prints all his notes? We hope that one day face. In this way, no doubt, the number of those attending would be reduced, because many of those who face hours of travel by train, car or ferry to be able to have his notes, and follow his word it would save the effort. But on the other hand this would have advantages for many people. Many earn nights of sleep and improve their quality of life, the lessons would be attended by a few hundred students (ie those more motivated and / or for which the journey is more comfortable), but few would follow him in peace, without miss even one word, make sure you can go to the bathroom in the middle of the lesson and to be able to cross your legs when they wish.
The codes to bring the contest
The competition can only take the codes and laws not commented. Obviously, the codes can not be annotated by hand, or may contain notes.
Choose a civil code that has the highest number of calls possible. When you purchase a certain amount of preparation, in fact, the notes may be useful to recall you to remember concepts and ideas. In some cases it happens that the notes could suggest parts of the whole subject. Consider the possibility of bringing more than one code.
The day before the competition, the codes are carefully inspected one by one. If you really do not want to go without taking some note , perhaps in pencil, in the hope that the commissioners do not notice, it can be good foresight, and that on the day of delivery of the codes in the bear bag a new code (and uncut) reserve : If the code with your records will not exceed the selection, you can always deliver the spare.
In general, the Commissioners admit the emphasis , so in the course of your studies can be useful to underline the key words for each standard (those words, so to speak, which relate to key concepts or serving to bring to mind concepts connected with the underlined word) in order to assist the memory when you frantically try to remember what you can write on that particular topic.
In any case it may happen that a commissioner does not even accept a code underlined; prudence, therefore, be important to enter a reserve.
Tips for conducting tests
The written tests will last three days. The harder it is generally when the related inter vivos , as part of a practice can also be extremely difficult.
Trades can happen, loans, transactions, but also more complex documents, such as Partnership agreements, minutes of meeting, mergers, etc..
The act mortis causa and the use of voluntary jurisdiction, however, are generally more simple (as far as the practical part, the theoretical part, however, is equally difficult).
The practical part of the theme should be in impeccable order. The candidate, in fact, must demonstrate proficiency in the preparation of the deed, without showing uncertainties. Although the commissioners are often conciliatory toward those who appear very evident mistakes of distraction, in some cases an error in the act can affect preparation lasted years.
After writing the practical part, therefore, it is advisable to read the article 51 of the notarial law , indicating the essential elements of the act analytically, making sure your prepared containing at least all that is required by rule.
In principle it is preferable to first prepare the deed and then write the theoretical part. In this case a good rule is to not affix the signature of the parties and the notary until the last moment, when you have also completed the theoretical part. Until the last moment, in fact, it is possible that you can think of a particular act is essential to add that initially you had forgotten. In this case, if the document was not signed, you can remedy your distraction with a note, but if you have affixed the signature there is no option but to copy the whole practice (with considerable loss of time and especially with negative effect on your mood).
As regards the theoretical part , for each written test is required the treatment of 2, 3 or even more arguments, it is also necessary to establish the motivation of the act. And 'therefore essential to be concise, yet complete, and center the subject of the theme without straying. There is no general rule about the length of the theme, because much depends on individual style, as well as the content, in any case, if it is synthetic, an issue of 4 pages is certainly sufficient.
In general, the proposed themes lend themselves to being solved in two or more ways. The candidate is free to choose the solution they prefer, provided it is well motivated. However, if a track is suitable to be solved in multiple ways, it's always good to choose the solution in accordance with prevailing at , especially if the courts. This for two reasons: firstly, because not all the commissioners are open to accept differing solutions and secondly because the notary must draw up a document as possible impregnable, which implies that the more you deviate from the address the most prevalent one runs the risk of drawing up an act that is objectionable, then the courts. We advise you not to pay too much faith in those who claim that "any solution is acceptable provided they are well motivated" it would be better to say that "any solution - if you find a widespread consensus on a doctrinal level and / or case law - is acceptable if properly motivated."
Avoid errors in spelling and syntax . If repeated can lead to the suspicion that you do not know the Italian language, and this can lead to exclusion from the competition.
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