NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU The Constitution of 15 September 1992;
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 No. 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 Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the powers of the Ministries;
VU Circular No. 49/PAN of 01/02/16 calling for the Special Session;
The Council of Ministers heard in its meeting of 20 October 2015.
Article 1: Section 55 of Act No. 177/AN/91/2th L of 10 October 1991 on the organization of land ownership is amended as follows:
Ancient Article 55: “When the parties, in order to avoid resorting to the procedure that has just been described, will either be in the constitutive act of the mortgage or in a posterior act published on the land books, agreed that, if the creditor fails to pay on the due date, the creditor may sell the mortgaged building in front of the notary, the auction shall be made at public auction before the notary who shall comply with the requirements of Article 53.”
New Article 55: “When the parties, in order to avoid resorting to the procedure that has just been described, will have either in the act constituting the mortgage or in a subsequent act published on the land books, agreed that, in the absence of payment at the due date, the creditor may sell the property hypothecated by a notary, the auction shall be made at public auction before the notary who shall comply with the requirements of Article 55.”
Article 55-1: The notary in charge of the seizure shall, first of all, receive from the creditor power to proceed with the seizure of the hypothec building.
A command will be served to the debtor at person or home. It will contain the election of domicile in the place of situation of the building and the statement that due to the lack of payment, the seizure of the buildings being the subject of the prosecution will be carried out. The said command is presented to the landowner's visa and copied to it for regular publication.
In the absence of payment in the month, it is made within two months of the handover of the copy of the command to the Conservative, a summary publication by inserting to the legal announcement log and an application of closets in the following places:
1/ at the door of the central police station, the land conservation office and the property, if it is a building;
2/ in the main place of the place where the debtor is domiciled, as well as in the main place where his property is located.
The affixing of the closets is notified within fifteen days to the debtor and other creditors registered. This notification is made to the domiciles of the persons concerned, as mentioned in the mortgage registrations. The notification is accompanied by a summation to read the specifications.
A month after the completion of this last formality, the auction is made, in the presence of the debtor, or duly summoned.
As of the day of the issuance of the command to land conservation, the debtor may not alienate the property referred to in the prosecution or encumber them from any real right until the end of the proceeding.
The command, the copies of the newspaper containing the insertions, the minutes of the affixing of closets as well as the summons to read the specifications and to attend the sale, are annexed to the minutes of auction.
The statements and observations must be recorded on the specifications at least 15 days before the sale. They contain home election.
The First President of the Court of Appeal is submitted by simple request. It shall summarise and finalize within thirty calendar days, to order, either the approval of the auction in the event of an agreement between the parties, or the confirmation of the auction.
If there is no auction, in the absence of auctions in particular, then the creditor is declared owner.
The award decision is the title of ownership and is also a title of expulsion against the person seized.
Article 2: This Act will be published, executed and communicated to the Official Journal of the Republic of Djibouti upon promulgation.