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9 US-China L. Rev. 547 (2012)
Real Estate Operations and Notary System at Civil Law Legal System

handle is hein.journals/uschinalrw9 and id is 547 raw text is: REAL ESTATE OPERATIONS AND NOTARY SYSTEM AT CIVIL LAW LEGAL SYSTEM Rongxin Zeng* Civil Law notary system, also known as Latin notary system, plays an important role in the real estate operations in most countries of Civil Law legal system, as well as in some countries of Common Law Legal System. It has proven to be more efficient than the Anglo-American notary services model when considering the recent mortgage crisis in the United States (U.S.). The intervention of the notary improves the fairness, the overall quality of documentation, the overall safety and trustworthiness of the real estate operations. Facing to the evolution of the real estate transaction practices and the development of high-technologies (such as Internet technology, cloud technology etc.), some challenges are confronted with the Civil Law (Latin) notary system, such as some problems as to the e- conveyancing, the necessity to maintain the strict neutrality and independence and so forth and so on. INTRODUCTION.......................................................547 I. THE IMPORTANCE OF THE NOTARY SYSTEM AND CIVIL LAW NOTARIES .548 II. NOTARY SERVICES IN FRANCE, ITALY, GERMANY AND SPAIN ............... 550 III. THE ROLE OF NOTARIES IN THE REAL ESTATE OPERATIONS (SALE, HYPOTHECATION/MORTGAGE) .............................. .......553 IV. CHALLENGES TO LATIN NOTARY SYSTEM............... ........... 556 CONCLUSION.........................................................559 INTRODUCTION The present research is focusing on the characteristics of notary system at civil law legal systems of France, Germany and Italy and its role during the real estate operations such as sales or hypothecations/mortgages. It needs to be particularly emphasized that the notary services model at civil law legal systems of Western Europe is also known as lawyer for the situation. This approach means such services are individually tailored and the factors such as cost, efficiency, and quality of participant advice are carefully considered. In addition, the American notary services model of * Assistant Professor of the School of Law, Jiangxi University of Finance and Economics; Director of Institute of Financing and Guarantee Law; Ph.D. in Private Law. Research fields: Real Rights Law, Guarantee Law, Private Law. This paper is an intermediary results of the research subj ects-A comparative study of Notarization Law aided financially by the Social Science Fund of Jiangxi Province (1 1FX26). 547

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