Market and institutional determinants in the regulation of conveyancers
AbstractDemand for law professionals in the conveyancing of property is decreasing because of market and institutional changes. On the market side, many transactions feature large, well-known parties and standardized transactions, which make professionals less effective or necessary for protecting the parties to private contracts. On the institutional side, public titling makes it possible to dispense with a broadening set of their former functions. Recording of deeds made professionals redundant as depositories of deeds and reduced demand for them to design title guarantees. Effective registration of rights increasingly substitutes professionals for detecting title conflicts with third parties and gathering their consent. Market changes undermine the information asymmetry rationale for regulating conveyancing, while institutional changes facilitate liberalizing not only conduct but also license regulations. These arguments are supported here by disentangling the logic of titling systems and presenting empirical evidence from the European and USA markets.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Bibliographic InfoArticle provided by Springer in its journal European Journal of Law and Economics.
Volume (Year): 23 (2007)
Issue (Month): 2 (April)
Contact details of provider:
Web page: http://www.springerlink.com/link.asp?id=100264
Lawyers; Notaries; Property rights; Real estate; Transaction costs; K11; K12;
Other versions of this item:
- Benito Arruñada, 2007. "Market and institutional determinants in the regulation of conveyancers," Economics Working Papers 1034, Department of Economics and Business, Universitat Pompeu Fabra.
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Amos Tversky & Daniel Kahneman, 1979.
"Prospect Theory: An Analysis of Decision under Risk,"
Levine's Working Paper Archive
7656, David K. Levine.
- Kahneman, Daniel & Tversky, Amos, 1979. "Prospect Theory: An Analysis of Decision under Risk," Econometrica, Econometric Society, vol. 47(2), pages 263-91, March.
- Benito Arrunada, 2000.
"The Quasi-Judicial Role of Large Retailers : An Efficiency Hypothesis of their Relation with Suppliers,"
Revue d'Économie Industrielle,
Programme National Persée, vol. 92(1), pages 277-296.
- Benito Arruñada, 2000. "The quasi-judicial role of large retailers: An efficiency hypothesis of their relation with suppliers," Economics Working Papers 445, Department of Economics and Business, Universitat Pompeu Fabra.
- Philip T. Hoffman & Gilles Postel-Vinay & Jean-Laurent Rosenthal, 1994.
"What do Notaries do? Overcoming Asymmetric Information in Financial Markets: The Case of Paris, 1751,"
UCLA Economics Working Papers
719, UCLA Department of Economics.
- Philip T. Hoffman & Gilles Postel-Vinay & Jean-Laurent Rosenthal, 1998. "What do Notaries do?. Overcoming Asymmetric Information in Financial Markets: The Case of Paris, 1751," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 154(3), pages 499-, September.
- Arrunada, Benito & Garoupa, Nuno, 2005.
"The Choice of Titling System in Land,"
Journal of Law and Economics,
University of Chicago Press, vol. 48(2), pages 709-27, October.
- Nyce, C. & Boyer, M.M., 1998. "An Analysis of the Title Insurance Industry," Ecole des Hautes Etudes Commerciales de Montreal- 98-14, Ecole des Hautes Etudes Commerciales de Montreal-Chaire de gestion des risques..
- Benito Arruñada & Luis Garicano & Luis Vázquez, 1999.
"Contractual allocation of decision rights and incentives: The case of automobile distribution,"
Economics Working Papers
424, Department of Economics and Business, Universitat Pompeu Fabra.
- Arrunada, Benito & Garicano, Luis & Vazquez, Luis, 2001. "Contractual Allocation of Decision Rights and Incentives: The Case of Automobile Distribution," Journal of Law, Economics and Organization, Oxford University Press, vol. 17(1), pages 257-84, April.
- Hoffman, Philip T. & Postel-Vinay, Gilles & Rosenthal, Jean-Laurent, 2001. "Priceless Markets," University of Chicago Press Economics Books, University of Chicago Press, edition 1, number 9780226348018.
- R. Hirschowitz, 1989. "The Other Path: The Invisible Revolution in the Third World," South African Journal of Economics, Economic Society of South Africa, vol. 57(4), pages 266-272, December.
- Baker, Matthew, et al, 2002. "Optimal Title Search," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 139-58, January.
- Benito Arru�ada, 2002. "A Transaction Cost View of Title Insurance and its Role in Different Legal Systems," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan, vol. 27(4), pages 582-601, October.
- Benito Arruñada, 2008. "How "Doing Business" jeopardizes institutional reform," Economics Working Papers 1088, Department of Economics and Business, Universitat Pompeu Fabra.
- Benito Arruñada, 2009.
"Electronic titling: Potential and risks,"
Economics Working Papers
1193, Department of Economics and Business, Universitat Pompeu Fabra, revised Apr 2010.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Guenther Eichhorn) or (Christopher F. Baum).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.