Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system
Before their digitation, land registries in the Republic of Croatia had been kept manually (paper-based registration). The Land Registry Act stipulates that land registries in the Republic of Croatia are kept electronically by means of a Real Property Registration and Cadastre Joint Information Syst...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2023-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2023/0350-85012398095P.pdf |
| _version_ | 1797395894401761280 |
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| author | Pichler Davorin Tomić Dražen Ljubanović Vlatko |
| author_facet | Pichler Davorin Tomić Dražen Ljubanović Vlatko |
| author_sort | Pichler Davorin |
| collection | DOAJ |
| description | Before their digitation, land registries in the Republic of Croatia had been kept manually (paper-based registration). The Land Registry Act stipulates that land registries in the Republic of Croatia are kept electronically by means of a Real Property Registration and Cadastre Joint Information System (hereinafter: JIS), containing harmonized real property and cadastral data. A real property and land database is created through the electronic entry of paper-based data, i.e. integration of real property and cadastral data into a single database. Hence, the protection of real property transfers is enhanced since the legal status of the land and all accompanying restrictions (concessions, public property status etc.) can be obtained in one place. The real property land database enables registration of every change to the real property without the need to inform both the land registration court and cadastre thereabout. The Real Property Registration and Cadastre Joint Information System is jointly coordinated and managed by the Ministry of Justice and Administration of the Republic of Croatia and the State Geodetic Administration. The Land Registry Act sets forth that the Republic of Croatia is strictly liable for any damage arising from flaws in keeping land registries. Such damage can occur in case of errors or malfunctions in the respective joint information system. This paper investigates the appropriateness of the measures for protection of the Real Property Registration and Cadastre Joint Information System and the general rules for security and control of the access to the said system, and analyses the risk of compromising it. Regarding the liability of the Republic of Croatia for any damage pertaining to flaws in the land records management, the paper depicts the model of defining the liability for any damage sustained by the holders of ownership rights due to unauthorized access to the said joint information system. The paper also sheds light on the advantages and disadvantages of the model for defining fault and strict liability in the above case, and examines some pending issues relating to the applicable model for defining such damage liability de lege lata as well as possible legal solutions and the potential need for the legislator's intervention de lege ferenda. |
| first_indexed | 2024-03-09T00:42:19Z |
| format | Article |
| id | doaj.art-250ea7a1882f42d3a3056a9056a37f8a |
| institution | Directory Open Access Journal |
| issn | 0350-8501 2560-3116 |
| language | English |
| last_indexed | 2024-03-09T00:42:19Z |
| publishDate | 2023-01-01 |
| publisher | Faculty of Law, Niš |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Nišu |
| spelling | doaj.art-250ea7a1882f42d3a3056a9056a37f8a2023-12-11T17:45:15ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162023-01-0162989511410.5937/zrpfn1-452020350-85012398095PLiability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information systemPichler Davorin0Tomić Dražen1Ljubanović Vlatko2Josip Juraj Strossmayer University of Osijek, Faculty of Law, Osijek, Republic of CroatiaJosip Juraj Strossmayer University of Osijek, Faculty of Electrical Engineering, Computer Science and Information Technology, Osijek, Republic of CroatiaJosip Juraj Strossmayer University of Osijek, Faculty of Law, Osijek, Republic of CroatiaBefore their digitation, land registries in the Republic of Croatia had been kept manually (paper-based registration). The Land Registry Act stipulates that land registries in the Republic of Croatia are kept electronically by means of a Real Property Registration and Cadastre Joint Information System (hereinafter: JIS), containing harmonized real property and cadastral data. A real property and land database is created through the electronic entry of paper-based data, i.e. integration of real property and cadastral data into a single database. Hence, the protection of real property transfers is enhanced since the legal status of the land and all accompanying restrictions (concessions, public property status etc.) can be obtained in one place. The real property land database enables registration of every change to the real property without the need to inform both the land registration court and cadastre thereabout. The Real Property Registration and Cadastre Joint Information System is jointly coordinated and managed by the Ministry of Justice and Administration of the Republic of Croatia and the State Geodetic Administration. The Land Registry Act sets forth that the Republic of Croatia is strictly liable for any damage arising from flaws in keeping land registries. Such damage can occur in case of errors or malfunctions in the respective joint information system. This paper investigates the appropriateness of the measures for protection of the Real Property Registration and Cadastre Joint Information System and the general rules for security and control of the access to the said system, and analyses the risk of compromising it. Regarding the liability of the Republic of Croatia for any damage pertaining to flaws in the land records management, the paper depicts the model of defining the liability for any damage sustained by the holders of ownership rights due to unauthorized access to the said joint information system. The paper also sheds light on the advantages and disadvantages of the model for defining fault and strict liability in the above case, and examines some pending issues relating to the applicable model for defining such damage liability de lege lata as well as possible legal solutions and the potential need for the legislator's intervention de lege ferenda.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2023/0350-85012398095P.pdfdamageland registrycadastreinformation systemdigitization |
| spellingShingle | Pichler Davorin Tomić Dražen Ljubanović Vlatko Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system Zbornik Radova Pravnog Fakulteta u Nišu damage land registry cadastre information system digitization |
| title | Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system |
| title_full | Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system |
| title_fullStr | Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system |
| title_full_unstemmed | Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system |
| title_short | Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system |
| title_sort | liability of the republic of croatia for damage caused by compromising the real property registration and cadastre joint information system |
| topic | damage land registry cadastre information system digitization |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2023/0350-85012398095P.pdf |
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