Cryptography Reference
In-Depth Information
Because open access results in increased risks of fraud, however, the judges'
signature grants inscriptions in the registry only a mere presumption of
trustworthiness, rather than the full force of authenticity. Hence, the chal-
lenge of computerization laid in providing a system that could continue
to deliver a similar blend of convenience and legal certainty. As in the case
of the notarial profession, fulfilling these needs would require creative
adaption of the cryptographic signature model to documentary practices
dating back several centuries.
The land registry system is organized following a mixture of French civil
law principles and German procedures and institutions. It fulfills the legal
requirements for
publicité foncière
, which secures third-party rights (mort-
gage, liens, etc.) on real estate. The date of an application for inscription
in the registry fixes the legal effect of the rights, establishing a set order
by which the third-party rights on a property are recognized in case of
default. Because inscription in the registry finalizes real estate transactions,
a request for inscription must be verified by an officer of the state, a land
registry judge (
juge du livre foncier
).
The paper-based land registry system is centered around two principal
types of documents, the
ordonnance
and the
feuillet
, a two-page-wide form
bound into A2-size (16.5 × 23.4 inches) registers (see figure 6.7). The
Figure 6.7
A few of the 40,000 A2-size bound registers of the Alsace-Moselle land registry.
Photograph by the author.
