Public Digital Deed and The Transference of Real Estate in Brazil

Résumé

The legal system must guarantee security in the digital transfer of property of real estate. The logic behind proving property, regarding movable goods is that property is presumed via possession, meaning that, whoever is possessing something is presumed to be its owner. However, when dealing with real estate, simple possession does not have a firm impact regarding a presumption of ownership, except for adverse possession. Therefore, historically, the acquisition of property regarding real estate is surrounded by solemnity, as in Brazil, the public deed is considered as the substance of the act of transference. However, due to the technological advancements, the use of a digital public deed of property has been admitted by Brazilian law and is valid for all intents and purposes.