Review article
https://doi.org/10.31141/zrpfs.2023.60.150.717
Transfer of real estate rights via electronic contracts with special reference to blockchain technology and smart contracts
Josip Dešić
orcid.org/0000-0001-9679-798X
; Pravni fakultet Sveučilišta u Rijeci
Armando Demark
orcid.org/0000-0001-9986-2169
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The possibility and justification of e-conveyancing paper are discussed in this paper.. Today,
almost all European land registers are digitized and proposals for registration are submitted
electronically. In some countries, for example in Estonia, the decision-making process, as well as
the registration and delivery of court decisions, is automated. The next natural step, therefore, is the
transfer of real estate rights through contracts in electronic form. The electronic transfer would take
place via special platforms that are controlled by the state and connected to the land registry, as, for
example, in Finland. Therefore, the role of the most modern technologies such as blockchain and the
concept of smart contracts in the transfer of property rights are taken into consideration. The authors
analyze relevant provisions of Directive 2000/31/EC of 8 June 2000 on electronic commerce and
the Croatian Electronic Commerce Act, and provide proposals on how to regulate this area de lege
ferenda. In conclusion, liability for damage caused by computer system malfunction is examined.
Keywords
land registers; blockchain technology; smart contracts; e-Conveyance
Hrčak ID:
311839
URI
Publication date:
20.12.2023.
Visits: 426 *