Original scientific paper
Land Register Computerisation in Polish and Croatian Law
Arkadiusz Wudarski
; Europa-Universität Viadrina, Collegium Polonicum, Polnisches und Europäisches Privatrecht, Frankfurt am Oder, Germany
Tatjana Josipović
; Faculty of Law, University of Zagreb, zagreb, Croatia
Abstract
The introduction of modern information technologies in the land registry system is the fundamental precondition for setting up a public record of real properties which will comply with the needs of the modern real property market. Keeping an electronic land register facilitates enhanced transparency and publicity of data about properties and the title holders. However, the introduction of electronic data processing in the land registry system is a very demanding procedure not only in terms of finance and technology, but also in terms of the legal regulation of both the computerisation procedure and of keeping the land register in an electronic format. Particular problems arising in the conversion are due to the discrepancies between the land register data and the actual legal and factual situation of real properties. The computerisation thus goes beyond a mere “technical migration” of hand-kept data into the electronic format, but also involves the updating of land registry data. Efficient coordination of these procedures and the procedure of computerisation of land registry remains the greatest challenge for both the Polish and Croatian legislator. The approaches to solving these problems of both countries are essentially the same. Both decided to adopt special regulations concerning the computerisation of the land register which should make the land registry system more efficient and legally secure for the purposes of pertinent legal transactions. However, certain difference can be discerned in the approach to the computerisation, the manner of its implementation and in the rules it is guided by. The paper includes separate presentations of the concept of computerisation of the land register in Polish and Croatian law, the rules applied in the process, and the results achieved to date. In the concluding part, the common problems arising in both Polish and Croatian law in connection with the electronic keeping of the land register are singled out, and possible further development of the computerised land register is considered. Particular attention is drawn to the regulation of access to the computerised land register with regard to the new trends in the protection of personal data in the European Union.
Keywords
land register computerisation; electronic land register; conversion; online land register; land register migration; land registry database; common information system
Hrčak ID:
138068
URI
Publication date:
26.2.2015.
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