Publication details
Elektronický podpis právního jednání o věcném právu k nemovitosti
| Title in English | Real Estate Transactions and Electronic Signature |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy : časopis pro všechna právní odvětví |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Keywords | Electronic Signature; Real Estate; Land Registry |
| Attached files | |
| Description | This article discusses the use of electronic signature in real estate transactions where the parties are natural persons. First, electronic signature in general is discussed, then the article answers the question, whether it is possible to perform real estate transactions in electronic form, and lastly, the author discusses regulation in the Land Registry Act while focusing on the possibility of authenticating electronic signatures. The author mainly focuses on "simple" electronic signatures and discusses the issue with focus on contractual transfers of real estate. It is concluded that, according to the law, it is possible to perform real estate transactions electronically and that the requirement of placing expressions of will on the same instrument is not an issue. The author then claims that "simple" electronic signature is sufficient to fulfill legal requirements of form in real estate transactions and that parties to a contract will be legally bound by contracts signed in such manner. To enter such transaction to the land registry, parties will be able to authenticate their signatures ex post, i.e. after the contract becomes legally binding for them. |