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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.
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