Act No. 006/An/18/8Th Amending And Supplementing Act No. 177/An/91/2Th L Of 10 October 1991 On The Organization Of Land Property.

Original Language Title: Loi N° 006/AN/18/8ème L modifiant et complétant la Loi n°177/AN/91/2ème L du 10 octobre 1991 portant organisation de la propriété foncière.

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Act No. 006/AN/18/8th Amending and supplementing Act No. 177/AN/91/2th L of 10 October 1991 on the organization of land property.


VU The Constitution of 15 September 1992;
VU Constitution Act No. 134/AN/06/5th L of 02 February 2006 revising the Constitution;
VU Constitution Act No. 215/AN/08/5th L of 19 January 2008 revising the Constitution;
VU Constitutional Law No.92/AN/10/6th Revision of the Constitution of 21 April 2010;
VU Law 177/AN/91/2th L of 10 October 1991 on the organization of land ownership;
VU Law 171/AN/91/2th L of 10 October 1991 establishing and organizing the public domain;
VU Law No. 172/AN/91/2th L of 10 October 1991 regulating expropriation because of public utility;
VU Law No. 173/AN/91/2th L of 10 October 1991 establishing the private domain of the State;
VU Law No. 117/AN/15/7th L of 16 February 2016 amending Act No. 177/AN/91/2th L of 10 October 1991 on the organization of land ownership;
VU Law No.152/AN/02/4th L of 31 January 2002 on the Family Code;
VU Law No.134/AN/11/6th L of 1 August 2012 adopting the trade code;
VU Law No.53/AN/14/7th L of 23 June 2014 organizing the Ministry of Budget;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE 16 June 2016 establishing the powers of the Ministries;
VU Circular n°79/PAN of 05/04/18 convening the 2nd Public Meeting of the 1st Ordinary Session of 2018;

The Council of Ministers heard in its meeting of 27 March 2018.

Article 1: The purpose of this Act is to amend and supplement certain provisions of the law relating to the organization of land ownership and to improve the business climate in the Republic of Djibouti, in order to ensure both the security of property titles and the speed of their issuance. It sets out new rules to be followed, with a view to simplifying and shortening the procedure and time frame for transfer of ownership.

Article 2: Section 9 of the Act is supplemented as follows:
" Article 9: The digitized land books are retained on the basis of an open sheet per building, on the special registration provided for in Article 3, under the registration name, and on the subsequent registration of the real rights subject to advertising for the purpose of their preservation, in the sense of Article 1 ".

Article 3: Section 10 of the Act is supplemented as follows:
"Article 10: All records on the scanned and digitized database of land books are the title of the property to which they apply."

Article 4: Section 11 of the Act is supplemented as follows:
"Article 11: The mentions of the title are supported and supplemented by the addition in a digital or scanned format of the conservative's analytical slips based on the documents and documents produced as justifications for the published real rights."

Article 5: Section 12 of the Act is supplemented as follows:
" Article 12: Each digitized or scanned land title corresponds to the archives of the Conservation, a digital record including:
1/the documents of the registration procedure;
2/the final plan of the building;
3/The series of analytical vouchers successively established;
4/acts and documents analysed. "

Article 6: Section 14 is supplemented as follows:
" Article 14: In addition to the corresponding titles and digital or scanned records, the Conservator of the Property Foncière still holds the records in electronic format or scanned below:
1/ for the rest of the registration procedure:
* The pre-registration order register;
* The opposition register.
2/ for the determination of applications for registration on land books:
* The register of deposits of acts to be registered.
3/ for the provision of information to the public:
* The directory of real rights holders and the table, by mobile ballots, of the said directory ".

Article 7: Section 15 is amended to read:
"Article 15: The register of oppositions and the register of deposits of the acts to be registered are arrested every day by the Conservator at the time of the closure of the offices.
The repository register is held in a copy and, upon completion, is transmitted to the repository of the national archives.
This register is also kept in digital or scanned in the centralized electronic database at the level of land conservation and national archives."

Article 8: Section 17 of the Act is supplemented as follows:
"Article 17: The prefects of the Regions, the magistrates, the Attorney General near the Supreme Court and the prosecutors of the Republic near the courts of the 1st instance can each in their jurisdiction, consult on site the registers of the property.
Such officials and magistrates may, in addition, obtain in writing and free of charge, information on land books or records relating to land titles.
They can also consult the centralized electronic land register database free of charge."

Article 9: Section 21 of the Act is amended to read:
"Article 21: Emphytéosis is subject to all matters relating to its constitution, use and mutual rights of the parties to the provisions of Articles 754 to 767 of the Civil Code."

Article 10: Section 26 of the Act is supplemented as follows:
"Article 26: The privileges listed in sections 2331 and 2354 of the Civil Code, with the exception, however, of the privilege of court fees, made for the realization of the building and the distribution of the price, are entitled preferably to beneficiaries called to exercise them on the real estate only on the chirographary creditors".

Article 11: Paragraph 1 of section 53 of the Act is amended to read:
" Article 53 (1): In the event of the execution of the debtor, the creditor shall assign a command in the form provided for in Article L.572-1 of the Code of Civil Procedure. The said command, which, regardless of ordinary enunciations, is made known to the property(s) that is the subject of the prosecution, is presented to the visa of the Land Owner, and copies are given to him for regular publication."

Article 12: Paragraph 2 of section 54 of the Act is amended to read:
" Article 54 (2): The overrun takes place in accordance with articles L.573-1 et seq. of the Code of Civil Procedure ".

Article 13: Section 60 is supplemented as follows:
" Article 60: All private parcels registered in the country shall be mapped and registered with land conservation.
All sales of real property are registered in land registers and subject to third parties."

Article 14: A third paragraph is added to section 64 of the Act:
" Article 64 al.3: The national database located within the general direction of the population allows to verify the accuracy of identity documents. The Conservative also checks the business register for companies and the residence card for foreign residents ".

Article 15: Paragraph 1 of section 82 of the Act is amended to read:
" Article 82 (1): The Civil Chamber of the Court of First Instance shall rule on the merits of the rights or the rejection of the claims of the interveners."

Article 16: Section 83 of the Act is amended to read:
"Article 83: The Civil Chamber of the Court of First Instance, ruling in land matters, is the last resort to applications relating to buildings with a rental value of 50,000 FD; above this number, the appeal is brought before the Court of Appeal."

Article 17: Section 84 of the Act is amended to read:
"Article 84: The deadline to appeal is one month from the day of the judgment of first instance."

Article 18: Section 103 of the Act is amended to read:
"Article 103: The registration of the rights of the married woman is made at the request of the wife, her husband, her parents or allies, the prosecutor of the Republic, or the president of the civil chamber of the court ".

Article 19: The group of words "the news of November 24, 1781 "content 108 of the law is amended as follows:
" Article 108 II-3: for irregular successions and provisional arrests under the existing provisions on vacant property, regardless of the documents listed.

The rest without change."

Article 20: This Act comes into force upon promulgation and published in the Official Journal of the Republic of Djibouti.

Done in Djibouti, 12/04/2018

President of the Republic,
Head of Government