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Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system

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Resumo:The use of market mechanisms has been progressively introduced as an alternative solution to deliver public services since the 1980s. The expectation was that competitive bidding and trading could maximize consumer choice in the market as well as lower costs of service provision. Over the years, the literature has explored privatization decisions in several service areas, including solid waste, health care, and fire protection, among many others. Our work addresses an uncommon public service function, Portugal’s civil law notaries, and seeks to analyze the factors that led to the formation of diverse market structures as a result of the choice of the privatization path over civil service status by public notaries. The Portuguese government allowed public notaries the choice to go private and regulated a numerus clausus of notaries by district coinciding with local government boundaries. The same government also increased competitive pressures on notaries by authorizing qualified lawyers admitted to the bar to perform some of the same services. Finally, more recently, government reorganized the mission statement of a specific set of public agencies in order to render them able to compete in notary services. Taking into account the nature of the services to be provided and the belief that the numerus clausus system would create private quasi-monopolies, notaries were expected to choose the privatization option. Yet, after the reform is completed, a diversity of market structures prevails throughout the 278 notarial districts. Our main hypothesis is that competitive markets formed in jurisdictions having a larger and more profitable number of notary and legal acts that provided financial survival and profit. In contrast, monopolies formed as a result of a perceived absence of market opportunities and demand. During the period 2010-2011 we collected data from official statistics of the notary system supplemented by data on the economic and demographic features of each market jurisdiction. Multinomial logistic regression is used to test the key hypothesis regarding market arrangements in the 278 notarial districts of Continental Portugal.
Autores principais:Tavares, António F.
Outros Autores:Rodrigues, Miguel
Assunto:Notaries Privatization
Ano:2011
País:Portugal
Tipo de documento:documento de conferência
Tipo de acesso:acesso restrito
Instituição associada:Instituto Politécnico de Bragança
Idioma:inglês
Origem:Biblioteca Digital do IPB
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author Tavares, António F.
author2 Rodrigues, Miguel
author2_role author
author_facet Tavares, António F.
Rodrigues, Miguel
author_role author
contributor_name_str_mv Biblioteca Digital do IPB
country_str PT
creators_json_str [{\"Person.name\":\"Tavares, António F.\"},{\"Person.name\":\"Rodrigues, Miguel\",\"Person.identifier.orcid\":\"0000-0002-2254-2607\"}]
datacite.contributors.contributor.contributorName.fl_str_mv Biblioteca Digital do IPB
datacite.creators.creator.creatorName.fl_str_mv Tavares, António F.
Rodrigues, Miguel
datacite.date.Accepted.fl_str_mv 2011-01-01T00:00:00Z
datacite.date.available.fl_str_mv 2014-10-09T11:44:45Z
datacite.date.embargoed.fl_str_mv 2014-10-09T11:44:45Z
datacite.rights.fl_str_mv http://purl.org/coar/access_right/c_16ec
datacite.subjects.subject.fl_str_mv Notaries
Privatization
datacite.titles.title.fl_str_mv Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
dc.contributor.none.fl_str_mv Biblioteca Digital do IPB
dc.creator.none.fl_str_mv Tavares, António F.
Rodrigues, Miguel
dc.date.Accepted.fl_str_mv 2011-01-01T00:00:00Z
dc.date.available.fl_str_mv 2014-10-09T11:44:45Z
dc.date.embargoed.fl_str_mv 2014-10-09T11:44:45Z
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv http://hdl.handle.net/10198/10768
dc.language.none.fl_str_mv eng
dc.rights.none.fl_str_mv http://purl.org/coar/access_right/c_16ec
dc.subject.none.fl_str_mv Notaries
Privatization
dc.title.fl_str_mv Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
dc.type.none.fl_str_mv http://purl.org/coar/resource_type/c_c94f
description The use of market mechanisms has been progressively introduced as an alternative solution to deliver public services since the 1980s. The expectation was that competitive bidding and trading could maximize consumer choice in the market as well as lower costs of service provision. Over the years, the literature has explored privatization decisions in several service areas, including solid waste, health care, and fire protection, among many others. Our work addresses an uncommon public service function, Portugal’s civil law notaries, and seeks to analyze the factors that led to the formation of diverse market structures as a result of the choice of the privatization path over civil service status by public notaries. The Portuguese government allowed public notaries the choice to go private and regulated a numerus clausus of notaries by district coinciding with local government boundaries. The same government also increased competitive pressures on notaries by authorizing qualified lawyers admitted to the bar to perform some of the same services. Finally, more recently, government reorganized the mission statement of a specific set of public agencies in order to render them able to compete in notary services. Taking into account the nature of the services to be provided and the belief that the numerus clausus system would create private quasi-monopolies, notaries were expected to choose the privatization option. Yet, after the reform is completed, a diversity of market structures prevails throughout the 278 notarial districts. Our main hypothesis is that competitive markets formed in jurisdictions having a larger and more profitable number of notary and legal acts that provided financial survival and profit. In contrast, monopolies formed as a result of a perceived absence of market opportunities and demand. During the period 2010-2011 we collected data from official statistics of the notary system supplemented by data on the economic and demographic features of each market jurisdiction. Multinomial logistic regression is used to test the key hypothesis regarding market arrangements in the 278 notarial districts of Continental Portugal.
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person_str_mv Tavares, António F.
Rodrigues, Miguel
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spelling engporThe use of market mechanisms has been progressively introduced as an alternative solution to deliver public services since the 1980s. The expectation was that competitive bidding and trading could maximize consumer choice in the market as well as lower costs of service provision. Over the years, the literature has explored privatization decisions in several service areas, including solid waste, health care, and fire protection, among many others. Our work addresses an uncommon public service function, Portugal’s civil law notaries, and seeks to analyze the factors that led to the formation of diverse market structures as a result of the choice of the privatization path over civil service status by public notaries. The Portuguese government allowed public notaries the choice to go private and regulated a numerus clausus of notaries by district coinciding with local government boundaries. The same government also increased competitive pressures on notaries by authorizing qualified lawyers admitted to the bar to perform some of the same services. Finally, more recently, government reorganized the mission statement of a specific set of public agencies in order to render them able to compete in notary services. Taking into account the nature of the services to be provided and the belief that the numerus clausus system would create private quasi-monopolies, notaries were expected to choose the privatization option. Yet, after the reform is completed, a diversity of market structures prevails throughout the 278 notarial districts. Our main hypothesis is that competitive markets formed in jurisdictions having a larger and more profitable number of notary and legal acts that provided financial survival and profit. In contrast, monopolies formed as a result of a perceived absence of market opportunities and demand. During the period 2010-2011 we collected data from official statistics of the notary system supplemented by data on the economic and demographic features of each market jurisdiction. Multinomial logistic regression is used to test the key hypothesis regarding market arrangements in the 278 notarial districts of Continental Portugal.application/pdfporPrivatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary systemTavares, António F.PersonalRodrigues, MiguelDSpacehttp://dspace.org/items/637c1bda-1dc2-4532-b977-833f47e4d245DSpacehttp://dspace.org/items/637c1bda-1dc2-4532-b977-833f47e4d245RodriguesMiguelCiência IDhttps://www.ciencia-id.ptF71E-C528-C082ORCIDhttp://orcid.org0000-0002-2254-2607Researcher IDhttps://www.researcherid.comF-2950-2018Scopus Author IDhttps://www.scopus.com55932145600HostingInstitutionOrganizationalBiblioteca Digital do IPBe-mailmailto:dspace@ipb.ptdspace@ipb.pt2014-10-09T11:44:45Z20112011-01-01T00:00:00ZHandlehttp://hdl.handle.net/10198/10768http://purl.org/coar/access_right/c_16ecrestricted accessNotariesPrivatization377952 bytesother research producthttp://purl.org/coar/resource_type/c_c94fconference objecthttp://purl.org/coar/access_right/c_16ecapplication/pdffulltexthttps://bibliotecadigital.ipb.pt/bitstreams/5a850897-aeaf-4eca-bdba-dca50e31f8a0/downloadPublic Management Research ConferenceSyracuse, New York
spellingShingle Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
Tavares, António F.
Notaries
Privatization
subject.fl_str_mv Notaries
Privatization
title Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
title_full Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
title_fullStr Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
title_full_unstemmed Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
title_short Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
title_sort Privatization, regulation and market structures: an empirical analysis of the reform of the Portuguese notary system
topic Notaries
Privatization
topic_facet Notaries
Privatization
url http://hdl.handle.net/10198/10768
visible 1