Legal Certainty in Real Estate Transactions

Language: English

Published by Intersentia Ltd, GB, 2016

1780682980 / 9781780682983

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This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Not only this study identifies the economic impact of the law in both jurisdictions, it also looked at the practitioners functions in the dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted to numerous challenges. For instance, nationality requirement for its access, has been ruled by the ECJ as contrary to the freedom of establishment and art. 49 TFEU and not justified by "the exercise of public authority".In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered as well as financial cost and delays. They also argue that a liberalisation of professions such as civil law notaires would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently, because of the culturally different relevant angles.…

Seller Inventory # LU-9781780682983

Title
Legal Certainty in Real Estate Transactions
Author
Philippe Frouté
Publisher
Intersentia Ltd, GB
Publication year
2016
Condition
New
Binding
Paperback
Language
English
ISBN 10
1780682980
ISBN 13
9781780682983
Item weight
250 grams

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