A função econômica das instituições notariais e de registro: instrumentos de redução das assimetrias informacionais e dos custos de transação

Abstract

The object of the present study is the relation of the notary and registry institutions with the Economy. The focus will be on the economic role played by notary. Due to the importance of notarial institutions and registration to society and its peculiar characteristics, it is intended to demonstrate, in the light of the relationship between law and economics, that notary and registration institutions were created for the stabilization of society and aid in the regulation of the economy. The notary and registry institutions carry out public-private activity: for their relevance to society and the means of access; private because the notaries are not considered public servants in the strict sense nor act the offices as typical concessions of public services, they have peculiar characteristics that give rise to legal issues of high complexity. Considering that such institutions play key roles in the dynamics of complex society, it is sought to investigate whether the notarial and registry activity reduces transaction costs and increases confidence in the declarations of the parties, reducing the asymmetry of information. In addition, it is questioned whether notary and registration institutions produce unbiased information, a communication product that establishes bridges between economic efficiency and trust. It is investigated if they have great connections with the law and the economy, by their daily deal being involved in contracts and in property, especially real estate. The work is divided into three chapters. The first chapter will deal with the study of notary and registration institutions, their functions and their legal nature. Then the value of notary and registration institutions is analyzed as reducing informational asymmetries, a product of great value in the current economic society. The second chapter will deal with the economic function of banknotes and records, dividing the chapter between economic function of registration systems and economic function of notary systems, presenting a subtitle for each related specialty, notably real estate registration services, natural persons and notary. The third chapter will analyze empirical data and case studies sought in administrative and judicial jurisprudence, as well as data provided by associations and notarial institutions and records in more depth, to answer, through real cases, the issues raised initially in the present work. The present work served a bibliographical and documentary research, using the deductive method.