Purpose Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology. Design/methodology/approach This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology to approach it. Findings Blockchain, combined with smart contracts, has both challenges and opportunities for the real estate sector. On the one hand, it may improve procedures, allow EU transactions and the interconnection between public administration. However, to not reduce parties rights, this blockchain should have some special features, such as the possibility of being amended. Originality/value This paper provides a valuable overview of all the intermediaries that could be affected by blockchain protocols. It is of interest of blockchain developers, public administrations and researchers who are working on blockchain and property conveyancing.
Laws and legal decision-making regulate how societies function. Therefore, they evolve and adapt to new social paradigms and reflect changes in culture and social norms, and are a good proxy for the evolution of socially sensitive issues. Here, we use an information-theoretic methodology to quantitatively track trends and shifts in the evolution of large corpora of judicial decisions, and thus to detect periods in which disruptive topics arise. When applied to a large database containing the full text of over 100,000 judicial decisions from Spanish courts, we are able to identify an abrupt change in housing-related decisions around 2016. Because our information-theoretic approach pinpoints the specific content that drives change, we are also able to interpret the results in terms of the role played by legislative changes, landmark decisions, and the influence of social movements.
Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems, the paper explores how these “intermediate tenures” work, as regulated in Act 19/2015, in a comparative perspective. Findings The paper offers an overview of how these “intermediate tenures” are regulated and which are the problems arising from legislation and the potential uses. Originality/value As the temporal ownership confers on the titleholder the domain of an asset for a specifically defined period of time, it does not conform to the right of ownership as it is currently conceived in continental European legal systems, given that it is based on the English leasehold; shared ownership confers on the buyer a property share in the thing, entitling him to the full possession, use and exclusive enjoyment of the thing and to gradually acquire the remaining share. Both are based on the English shared ownership scheme and leasehold, and are legal transplants worth to be analysed.
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