Notabelen vernieuwen : gevolgen van marktwerking in het notariaat

Abstract

This research is a socio-legal study of developments in the profession of notaries. The enactment of a new act in 1999, aimed at enhancing competition and abolishing the guilt-like structure of the profession of notaries, is a first pillar of this research, The study focuses as well on developments in the ethics of notaries and the qualities of their services. Liberalization, through the abolition of fixed fees as well as regulated establishment, would bring about the flux of young notaries, innovation and dynamics in the profession and better prices for the customers. Making up the balance after eight years of enhanced competition in the notaries’profession one must say, that not all of the intentions and goals of the legislator were translated into the practice of notaries. The flux of new firms run by young notaries, lagged behind. Price differentiation entered the stage, but so did higher prices in the consumer’s sector. The guilt-like and old fashioned flavour of the profession is a thing of the past. Scaling up, specialization and innovation enter the stage. Franchises of firms of notaries arise. Ratings of notaries’firms and their tariffs appear on the Internet and the services of notaries become more consumers friendly. While a more entrepreneurial orientation can be traced, one cannot speak of an ethical decay. Liberalisation is rather a catalyst for new thoughts on quality and ethics on firm level.