This article examines the evolution of the Italian system for the protection of persons with disabilities and vulnerable adults from a private law perspective, focusing on the role of the notary public. Against the background of the UN Convention on the Rights of Persons with Disabilities and comparative developments, it highlights the retreat from rigid, institutionalised forms of protection and the growing importance of preventive control at the timeof the legal act. Particular attention is paid to the notary’s assessment of natural capacity and to the recently introduced authorising powers, which further reinforce the notary’s function as a guarantor of assisted autonomy and legal certainty.
Autonomia della persona con disabilità e funzione notarile: l'esperienza italiana
F. Viglione
2026
Abstract
This article examines the evolution of the Italian system for the protection of persons with disabilities and vulnerable adults from a private law perspective, focusing on the role of the notary public. Against the background of the UN Convention on the Rights of Persons with Disabilities and comparative developments, it highlights the retreat from rigid, institutionalised forms of protection and the growing importance of preventive control at the timeof the legal act. Particular attention is paid to the notary’s assessment of natural capacity and to the recently introduced authorising powers, which further reinforce the notary’s function as a guarantor of assisted autonomy and legal certainty.
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