Cadena de bloques y registros de derechos

Abstract

The blockchain is a technology that allows transfer of encrypted data securely. One of the first “non-financial” services (that is, a “use case”) that has been given to the blockchain is the inclusion of encrypted information within the transactions. In this way you can create an impossible to replicate hash that is associated with a single document stored outside the blockchain. It has been raised whether in that sense blockchain technology could replace a conventional register of legal content, that is, of effects against third parties. In this article, based on the characteristics of DLT distributed registration technology that may have legal significance, and the fundamental difference between authorized type network or public network, the possible use of such technology in a rights register is analyzed, with content substantive legal and the role of notaries and registrars as validators of their content. Positions favorable and contrary to such implementation are also collected, as well as the comparative experience in this regard. It is concluded that such technology cannot replace the function of legal qualification or dispense with the legal guarantees that constitute preventive legal security systems designed to protect transactions and the rights of third parties.