What are the important changes to the use and value of a private deed regarding a home starting now in 2023? A private deed is a document which can replace a public deed before a notary and which can be authenticated, i.e. bear the signature affixed in the presence of a notary or other public official, to ascertain the identity of the person who carried out the signature and in this case constitutes a legal proof, but also not authenticated, still having legal value.
There are several cases in which a private deed can be made as an official document, including the sale or rental of a house. Let’s see how to do it and its legal and juridical value.
- How to make a valid private agreement in 2023
- Changes 2023 for the use and value of a private deed for the home what they foresee
How to make a valid private agreement in 2023
According to the laws in force, to be valid, a writing must satisfy the so-called requirements of privacy and authenticity and must include specific elements such as:
- title, to frame the subject of the private writing;
- content, in the case of the sale of real estate or movable property, of cars, or for the division of real estate between the weak spouse and the children, or for a loan between private individuals, or a donation to children or other relatives, or for the definition of shares of a company or other property, or for the assignment of a registered trademark, etc.;
- if it is a property, the Municipality where it is located, the street and house number, the cadastral data, the boundaries, the origin of the property and the price for the sale must be reported;
- include any declarations of receipt, which attest to the payment of the service by the buyer;
- terms of payment;
- the signatures of the parties entering into the private agreement;
- the date, which is used to understand when it was written.
A private deed can be registered and have legal validity and effectiveness but even if not registered it has legal validity and real effectiveness like any other deed, but it has no probative value because it can always be freely disavowed by the person against whom it is produced.
If the private deed is registered, in fact, whoever wants to challenge the document must demonstrate its non-authenticity, while in the presence of an unregistered private deed, each of the parties can disavow the document at any time and it is always up to the other to demonstrate the authenticity and the effectiveness of the document.
Changes 2023 for the use and value of a private deed for the home what they foresee
The laws currently in force allow the use of a private agreement to sell or buy a house but the Court of Cassation has recently intervened in the merits explaining that to demonstrate the ownership of a property, even a simple private deed can be valid, without the need to allow you to contact a notary and pay the related costs of a public deed or an authentication some signatures, but in the presence of the so-called fiduciary agreement.
It is an absolutely valid agreement from a legal point of view involving two parties, where one undertakes to transfer an asset to the other in the future, according to pre-established conditions by the parties themselves.
For example, if a person buys a house and places it in someone else’s name for various reasons of personal convenience, for example a husband and wife buy a house together but it is in the name only of the husband, if a dispute arises in the future, the settlor can claim ownership of the house thanks to private deedwithout the need for a notarial deed.
The Court of Cassation has in fact recognized that the settlor, i.e. anyone who does not appear as the owner of the property, does not have the obligation to demonstrate the existence of the fiduciary agreement, provided that they have another written document, precisely the private agreement, in which the trustee declares that he is not the sole owner of the asset.