Naslov
Electronic contracts and conveyancing of real estate rights - proposals de lege ferenda for the Croatian legal system

Autori
Dešić, Josip

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Izvornik
Young Property Lawyers’ Forum (YPLF) 2022 / - , 2022

Skup
Young property lawyers forum 2022.

Mjesto i datum
International Online Conference, 22.06.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
electronic contracts, blockchain, smart contracts, real estate

Sažetak
Modern digital technology has led to increased security of transactions, easier ways to identify people, authentication of documents, digital signatures, online payments. Electronic transfer of real estate rights would mean a revolution, it would mean not only technical innovations but also a change in legal instruments, as Directive 2000/31 / EC of 8 June 2000 on electronic commerce provides that Member States may exclude the application of electronic contract provisions on contracts creating or transferring rights to immovable property other than rental rights (see Article 9, paragraph 2 (a)). Therefore, a very interesting question is whether it is justified to introduce a system in which the transfer of property rights is possible, or, for example, the establishment of mortgages without physical contact of the parties of the contract, without visiting a notary or bank, without paper and physical documentation. Such initiatives have emerged in Finland, but also, in Singapore, or Dubai. Although many countries have digitalized their land registers in the past, this digitalization has involved the transfer of manually-guided data into digital form, but not the electronic processing of digital information. Only the last two decades have led to the implementation of the idea that the intabulation in the land register can be electronically processed from the stage of submitting the claim for intabulation, to the stage of final intabulation in the land register. However, a particular challenge for legal systems is the conclusion of electronic contracts whose subject matter is real estate. Digitized and regulated land registers and modern technologies such as blockchains, but also the concept of smart contracts, could play an important role in electronic real estate transfer. Croatian Electronic Commerce Act in the provision of Art. 9. stipulates that the provisions on concluding contracts by electronic means, when it comes to offer and acceptance, do not apply to contracts on transfer of ownership of real estate or other legal transactions governing real rights to real estate, except for lease and rental agreements. Therefore, the presentation will analyze the current Croatian legal system and proposals de lege ferenda.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA