3.2.3 Concluding remarks

In order to secure the performance interest of both parties, it has become the customary practice in both countries to use respectively the client account of the civil law notary or the priority notice, even though there is no rule that makes either mandatory. Also more practical interests, such as the interest of civil law notaries to secure the performance interest of both parties in a cost-effective way, can justify ‘imposing’ vacuum instruments on parties to the transfer. In fact, this result can also be considered as an interest of society as a whole, because it will result in lower transaction costs (section 4 elaborates on this).