Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-nwzlb Total loading time: 0 Render date: 2024-03-28T23:59:29.427Z Has data issue: false hasContentIssue false

Comparing Legal Certainty in France and England

from Introduction

Published online by Cambridge University Press:  21 September 2018

Get access

Summary

How to Assess the Legal Framework Used to Secure Real Estate Transactions in France and England?

This research has been launched in reaction to the assessment of property registration law published in the World Bank Doing Business reports (DB). The research team was chaired by Bertrand du Marais, Marie-France Nicolas and David Marrani. The aim of the research was to identify the methodology of a rigorous and comparative assessment of the legal certainty produced by French and English law, pertaining to real estate properties with professional use. Like the DB reports, this work is one of the rare legal impact assessments dealing with real estate property focused on real estate properties with professional use.

This comparative research was carried out simultaneously in France and England by a multidisciplinary academic team, with the assistance of practitioners, composed on the one hand, of lawyers, and on the other hand, of economists and management specialists. The “GIP Mission de recherche “Droit et Justice””, in the framework of the Economic Attractiveness of Law Program sponsored this research.

The team work is described in this introduction along with the major findings of the research in a policy oriented way for the use of policy makers (especially the ministry of Justice) and of the relevant professions (especially the notariat).

The main operational lessons from the research are threefold:

  • – From a methodological point of view, in order to measure the economic impact of law;

  • – From a scientific point of view, about the role of notaires when dealing with real estate transactions on real estate properties with professional use of significant value;

  • – From a strategic point of view, about the future of the current organization of the French notaires.

  • The irrelevance of the Doing Business methodology

    The comparative description of the legal framework used in the two legal systems, as well as the practices in real business life, demonstrates that it is impossible to sequence such a transaction in order to assess the efficiency of law.

    However, and for each country under review, the Doing Business reports are based on the synthetic quantitative index of “the ease of doing business”.

    Type
    Chapter
    Information
    Legal Certainty in Real Estate Transactions
    A Comparison of England and France
    , pp. 3 - 8
    Publisher: Intersentia
    Print publication year: 2016

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    Available formats
    ×