The public deed and conveyancing systems : a historical and comparative study with particular emphasis on EU member states

Abstract

Even though conveyancing of immovable property occurs in every part of the world, the means by which it is carried out differs from one legal system to another. Traditionally, the main differences exist between jurisdictions influenced by the civil law traditions and jurisdictions categorized as common law countries. Whereas the Latin notary is of fundamental importance in the civil law system of conveyancing, this is not the case in common law countries, wherein the principal actors are solicitors and licensed conveyancers. From a practical perspective, the general steps undertaken in the alienation of an immovable property are also different, as is the registration process and effects of the latter. Consequently, a detailed overview of the principal actors and general process of a real estate transaction is provided, as well as the evolution and development of both systems. From a conveyancing perspective, a number of countries are compared and contrasted, with particular emphasis on European Union Member states. Lastly, the conveyancing procedures and registration systems as a concept are compared and contrasted, with a view not to establish the better system, but to delineate advantages and disadvantages of both and a possible way forward. Lastly, I acknowledge that following the completion of this thesis, my expertise in the subject is still relatively limited namely because of inexperience. Secondly, reference was largely made to foreign journals and documents especially with regards to the common law system of conveyancing and raw data relating to the conveyancing procedures in a number of European Union member states, reason being the restricted amount of related material locally.