NOTARIES - A Profession between State and Market
AN ARTICLE BY
PROF. GISELA SHAW
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English original of a "report" submitted for subsequent
discussion at the 38th annual Congress of the French
notarial organisation
Mouvement Jeune Notariat
held in San Francisco, 18-24 November 2007.
Published (in French) in
Droit et Économie.
Actes du 38e
Congrès Mouvement Jeune Notariat, San Francisco, 18-24
novembre 2007, 158-180.
ABSTRACT
Civil
law notariats are facing a challenge of previously unknown
proportions. This challenge has two main sources: economic
globalisation on the one hand, and the European
Commission’s liberalisation project on the other.
Notaries, a highly regulated and nation-focused profession,
are having to reassess their chances of continuing
prosperity, indeed, survival in this wholly novel context.
This paper analyses the wider context within which all this
is happening, that is the clash between two
socio-political, economic and legal cultures: the civil law
culture of continental Europe and the common law culture of
Great Britain, the U. S. A. and former Commonwealth
countries, with the latter being clearly favoured by the
European Commission as well as by global business and
commerce.
TO
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