Key Benefits:
Mr. President,
Section 62-I of Act No. 2003-660 of 21 July 2003 for overseas programme has empowered the Government to Orders, the measures necessary to update and adapt the law applicable to Mayotte, in particular with regard to civil law, and in particular property and real property
. To object:
-in its title Ier, to complete Book IV of the Civil Code concerning the provisions applicable to Mayotte in order to modernise the legal regime applicable to immovable property and the advertising of land currently under the control of Mayotte of a decree Colonial of 4 February 1911, modified mainly by a decree of 9 June 1931;
-in its title II, to make applicable, subject to adaptations, various non-codified civil law provisions of interest to immovable property;
- And finally, in Title III, to give an undeniable legal basis to the So-called " policy Property regularization " The departmental community, which seeks to transform the customary rights of individuals into property rights on lands of the community that are sustainably valued by their owners.
I. -General Comments
Under Article 3-I of Act No. 2001-618 of 11 July 2001 on Mayotte, civil law is the responsibility of the State in that community. In the interest of immovable property and changes in property (Book II of the Civil Code) as well as the different ways of acquiring it (Book III of the Civil Code), civil law remains subject to the principle of legislative speciality. Mayotte.
Recent texts have extended to Mayotte, with the necessary adaptations, certain provisions of civil law relating to the legal regime governing real estate and real property rights: Order No. 2002-1476 of 19 December 2002 extending and adapting various civil law provisions, ratified by the Overseas Programme Act of 21 July 2003, Order No. 2004-1233 of 20 November 2004 on procedures And Decree No. 2004-1234 of the same day extending civil procedure provisions.
These extensions, in particular those of the Civil Code and the Code of Civil Procedure (new and old), have, however, been carried out without Amendment to the Order of February 4, 1911.
The purpose of this Order is to Bring the provisions relating to buildings applicable to Mayotte closer to the common law. It thus modernises the regime of real estate advertising in order to offer real estate owners, holders of real estate rights and third parties legal certainty similar to that existing in metropolitan France.
On the formal side, these Provisions shall be inserted in Book IV of the Civil Code established by the Ordinance of 19 December 2002 on the provisions applicable to Mayotte.
The provisions of this Ordinance shall not entail any cost to the State budget or to the budget From the community, but return on investment By the State to the implementation of the land register connected with the regime of real estate advertising, while allowing the development of indirect taxation for the benefit of the community and, in the long term, of the communes of Mayotte
Title of the Order is scheduled for January 1, 2008.
II. -Title Comments
1. Title I of the order is concerned with the provisions of the Civil Code relating to immovable property and immovable property.
Article 3 amends Article 2294 of the Civil Code to ensure that the non-river and non-maritime water system In Mayotte of the sole public appropriation, like that of the overseas departments where the scarcity of water cannot allow the extension of the common law in this matter.
Article 5 reinforces the extension to Mayotte of Titles XVII to XIX of Book III of the Civil Code, with the necessary adaptations to take account of
Article 6 supplements Book IV of the Civil Code by creating a new Title IV that modernises the property and advertising regime in Mayotte
Mayotte by the decree of 1911 is based on a system of real (and non-personal) advertising that presents the characteristics of a system with a constitutive effect of rights. In this sense, it is clearly distinguished from the system of real estate advertising in metropolitan France and in Alsace-Moselle.
The regime of land advertising currently applicable to Mayotte concerns only natural persons and Remains, with exceptions, largely optional. This optional character, which has thus allowed the registration of the plantations of rent but not that of the so-called "plots" Indigenous, " presents, today, more disadvantages than benefits:
-it does not uniformly guarantee the legal certainty of owners or owners of real rights and that of third parties in relation to the partial property advertising it introduces;
-it constitutes an obstacle to the exercise of the Freedom of establishment of European nationals, necessary for the quality of the outermost regions of the European Union to which Mayotte can claim;
-it compromises the establishment of local taxation based on ownership Declaration and effectiveness of a cadastre that does not record the changes in land holdings ;
-it inhibits spatial planning to the extent that the public policies that organize it need to know exactly the legal status of the parcels that order it.
In general terms, this order refers back to an era Uprised in that it refers to the indigenate or to an extinct colonial administration. However, it does not seem appropriate to envisage, in the immediate future, an extension to Mayotte of the common law regime, taking into account, in particular, the recent introduction of the cadastre and the modernisation of the civil status and the The interest of a genuine advertising system in Mayotte.
On the other hand, it is necessary to modernise this system by making it compulsory, irrespective of the civil status of persons, since legal persons are now subject to it. It must also be modernized in the area of administrative and judicial procedures and the computerization of the land book should be considered.
This Order repeals the order of February 4, 1911 and replaces it with the The following essential provisions:
-the registration of the building, following a procedure designed to raise the whole of the rights existing on the building, and the registration of the real property rights transmitted or constituted on those registered buildings become Mandatory;
-this obligation concerns natural persons such as legal persons;
-the drafting of an authentic act is now required to publish a real estate law to the Land Book of Mayotte;
-finally, the Administrative and judicial procedures are simplified and modernized.
2. Title II of the Ordinance is concerned with the extension to Mayotte, with the necessary adaptations, of various provisions of civil law relating to immovable property, such as those relating to condominium, to rent-accession to Property or to the real estate concession. This legal corpus is designed to protect the rights of owners and owners of real property rights in a context of increasing urbanization and scarcity of living space in Mayotte.
3. Title III of the Ordinance finally provides, in Chapter I, an indisputable legal basis for the land policy of the departmental community, authorizing the pardoning of land that has been granted for granted by the holders of Individual customary rights established in Mayotte.
The terms of entry into force of the new provisions relating to land advertising in Mayotte are also specified in Chapter II of this Title.
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This is the subject of this order. We have the honour to submit to your approval.
Please accept, Mr. President, the assurance of our deep respect.
