The Impact of Digital Transformation on Real Rights in Civil Law

Abstract

This study examines the impact of digital transformation on real rights in civil law, in light of the growing reliance on electronic documents, digital land registration systems, and electronic signatures. These developments have generated legal challenges concerning evidentiary value, proof mechanisms, and the protection of property rights. This core issue addressed is the extent to which traditional civil law frameworks can accommodate this digital shift while maintaining a balance between legal certainty and the demands of the digital age. The significance of the study lies in its direct relevance to both legal and social security, as it opens a contemporary legal debate on modernizing evidentiary rules and property registration systems. The research seeks to define the concepts of digital transformation and its implications for real rights, analyze the responsiveness of existing legal frameworks, review comparative legal experiences, and offer practical reform proposals. The study rests on key hypotheses: that digital transformation has brought about fundamental changes in property registration and evidentiary systems; that the prevailing legal frameworks lack the necessary tools to address these changes; and that some jurisdictions have already taken significant steps forward in this regard. To achieve its objectives, the study employs analytical, critical, comparative, and descriptive methodologies. The findings indicate that traditional legal frameworks are no longer sufficient to safeguard real rights in the digital environment. While countries such as Egypt and France have gradually restructured their legal systems, Sudan continues to face significant legislative and institutional delays. Accordingly, the study recommends enacting legislation that recognizes the legal validity of digital instruments, amending evidentiary laws, and establishing a unified and secure digital property registry capable of ensuring legal certainty and fostering trust in real estate transactions.