Legal Certainty in Real Estate Transactions - A Comparison of England and France (Paperback)

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.

General

Imprint:	Intersentia
Country of origin:	United Kingdom
Series:	Ius Commune: European and Comparative Law Series, 147
Release date:	August 2016
Editors:	Bertrand du Marais • David Marrani
Contributors:	Bertrand du Marais • David Marrani • Youseph Farah • Marios Koutsias • Camille Bourdaire • Aurore Chaigneau • M.F. Nicolas-Maguin • Peter Luther
Dimensions:	236 x 172 x 7mm (L x W x T)
Format:	Paperback
Pages:	134
ISBN-13:	978-1-78068-298-3
Categories:	Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law Books > Business & Economics > Finance & accounting > Finance > Investment & securities > General Books > Money & Finance > Investment & securities > General
LSN:	1-78068-298-0
Barcode:	9781780682983

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