Any preventive intervention of the State is bad

A one month of delivery of the report of the commission Darrois on high profession of the law project, tenors of the bar of Paris persist in their desire to see the notaries absorbed by counsel. Using misleading shortcuts, they argue: "Lawyers like us, notaries can join our ethics." This analysis reveals a misunderstanding of the place of the State in the debate. The lawyer is free to defend or not, free of its means of defence, and the State is one party like any other. The lawyer can say, is needed, that the law is bad, then for example of a "defence in breach. It can even attack the regulations. The notary, him, public officer, appointed by the keeper of the seals, is under the supervision of the State, which controls. It must therefore comply with the Act and the regulations without discussing. In return, he received authentic acts in respect of the delegation of public power.

The ethics of the bar may therefore apply to the notary. The ethics of the latter is actually closer to that of the magistrate of counsel. "Magistrate of friendly", that is the notary is to upstream to reduce the risk procedures, treated, as a last resort and downstream, by the judge, "magistrate of litigation". The ethical antinomy of two occupations prohibited therefore any proposed merger: they are essentially different and irreconcilable. In reality, the real debate on the future of the professions of law joined the much broader on regulation place in our societies. What the subprime crisis has revealed, it is also the loss of influence of the public authority and the difficulties of relationships between global economic activity and the legal regulations in each State. The Anglo-Saxon countries have elevated individualism to in principle by denying any distinction between the private utility and public utility. Any preventive intervention of the State is bad. Remember that for the Group of academics Americans LLSV, responsible for the drafting of the annual "Doing Business" report, the market is best placed to combat the dictatorship of the State, and it is as ideal. If it fails, then must be recourse to the judge a posteriori. Litigation hazard is not taken into account and the problem of legal security is therefore ignored.

The regulation occurs only if the market becomes powerless. With the reform desired by law firms rather Parisian to expand their international influence it seems likely that we would end up in an opposite, a real estate market open to international competition. By removing the current regulation of our country, entrusted by the State for centuries to the French notaries, as is the case in 21 countries in Europe and in 75 countries of the world, the real estate market would become captive to all financial markets in the world, with their own law firms. Banks would surely be the big winners of the new legal system, and would become unavoidable in the chain of real estate disposals, since the negotiation of transactions by the possession of the real estate agencies, financing, insurance, up to the drafting of acts of sale and loan by lawyers, enslaved and exploited for some, that will finally be responsible for the monitoring of court challenges

You see, what is at stake in the lawyer-notary public debate, a certain vision of the company. Do we need today us engage in a process of deregulation while each day, we learn bankruptcy still more spectacular anglo-saxon system delivered to excessive liberalism States, to establish the regulation in their country, might instead develop the mandatory use of the notary for the real estate property, support for the economy, and the resulting mortgages. It is the Professor of Economics at Yale University (USA) Robert j. Shiller advocated in his book "The sub-prime Solution". Can we believe that the economic world order to implement guidance towards such a solution Notary is the body of suitable experts for the regulation of the real estate market. It manufactures the incontestability and its social role may contribute to the harmonization of international rights. It is in this way that is today moving Europe with the recognition of a European authentic Act. A new role could be given to existing notaries around the world or to introduce, a role of regulator and controller to ensure more balance and legal security to the whole society.