Judicial Defense Rights to Real Estate in the Context of Digitalization: Maintaining the Balance of Interests of Participants in Legal Relations

Abstract

The article discusses certain issues of maintaining the balance of interests of participants in legal relations in the field of real estate turnover using the example of determining the limits of reasonable diligence as one of the components of the good faith of subjects of civil legal relations in the context of digitalization. The author highlights two main points: the first is the verification of the “purity of the title” and the verification of the legal and factual state of the object for compliance with the purposes of its acquisition or use. Attention is drawn to the fact that digitalization has simplified the procedure for accessing various information containing factual and legal information about a real estate object, but at the same time does not guarantee their reliability and sufficiency. In this regard, a number of conclusions are made about the need to streamline the information contained in the USRN and other official sources in order to achieve a balance of interests of participants in legal relations in the field of real estate turnover.