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Law 41 Of 2004 Determining The Border Areas

Original Language Title: القانون 41 لعام 2004 تحديد المناطق الحدودية

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Law No. 41 of 2004 Setting the Border Areas


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Act No. 41/2004 of 2004
Date-birth: 2004-10-26 History-Hjri: 1425-09-12
Published as: 2004-10-26
Section: A law.

Information on this Act:
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Law No. 41 of 2004
Identification of border areas

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on 4-9-1425 A.H., 18-10-2004,

The following are issued:

Article 1

(amended by Decree No. 49 of 2008)

No real estate right may be established, transferred, modified or acquired on land in a border area or occupied by lease or investment, or in any way, for a period of more than three years for the name or benefit of a natural or legal person except with prior authorization.


Article 2

The border areas are defined by decree issued on the proposal of the Ministry of Defense.


Article 3

a. The authorization provided for in article 1 of this Law shall be issued by decision of the Minister of the Interior or authorized by the Ministry of Agriculture and Agrarian Reform and the approval of the Ministry of Defence.

b. The refusal of the Minister of the Interior to authorize a cut is not acceptable to any of the methods of review, except that the request may be returned if the reason for the license or the expiration of a year of rejection is removed.

Article 4

(amended by Decree No. 49 of 2008)

The court rulings and decisions of land judges relating to land in the border areas are implemented after being accompanied by the authorization of the law.


Article 5

(amended by Decree No. 49 of 2008)

The forced expropriation of land in the border areas implemented by the implementation services of the Ministry of Justice shall be subject to public auction for the said license and if the latter does not obtain such a license, the final referral will be made and the land will be auctioned again for sale.


Article 6

(amended by Decree No. 49 of 2008)

In the event that the licence application is not submitted within three months of the date of the devolution of real estate on land in a border area or from the date of occupancy by renting or investing, or in any way, for a period of more than three years, the occupancy is void.


Article 7

(amended by Decree No. 49 of 2008)

a. If land is occupied in a border area by lease or investment or in any manner, for a period of not more than three years, the competent administrative entity shall be informed of the location of the land within the time limit specified in article VI of this Law.

b. The acquisition of immovable property rights on land in a border area or its occupation rights shall not be subject to inheritance or relocation except to the requirement of informing the competent administrative authority provided for in the preceding paragraph.

c. For those who use farmers, workers or experts in the cases covered by this Act, the competent administrative body shall be informed of all their use in accordance with the procedures set out in the executive instructions.


Article 8

a. Transactions covered by the provisions of this Law shall not be carried out by the real estate and the writers unless they are accompanied by a prior authorization or by the information of the competent administrative authority required as the case may be.

b. Other contracts, actions and procedures that are conducted in contravention of the provisions of this law shall be invalid or shall be held in the name of a person borrowed in order to dispose of their provisions and shall be void of all subsidiary conditions which are intended to ensure their implementation.

c. The Attorney General should institute proceedings to invalidate contracts, acts and procedures that are contrary to the provisions of this Act and follow up on the enforcement of sentences imposed on them.


Article 9

a. punishable by imprisonment from six months to two years and a fine of 10,000 Syrian pounds to 100,000 Syrian pounds, which is contrary to the provisions of article 1 or article 8, paragraph 1, of this Law.

b. A penalty of imprisonment of three months to one year and a fine of 3,000 liras to 10,000 Syrian pounds, which is contrary to the provisions of article 7, paragraphs A and I, of this Law. A penalty of three thousand liras to 10,000 liras is punishable by a fine of 3,000 liras, in violation of article 7, paragraph (b), of this Law.


Article 10

(amended by Decree No. 49 of 2008)

The provisions of this Law shall not apply in the following cases:

a. The devolution of real estate, rental or investment rights in the interest of public bodies.

b. Land falls within the boundaries of approved regulations for administrative units or urban areas. X

c. Excretion transactions, competence, division and correction of descriptions.


Article 11

The Minister of the Interior issues the executive instructions for this law.


Article 12

The Chryoans Nos. 193 date of 3-4 1952 and 75 date 28-7-1962 are repealed.


Article 13

This law is published in the Official Journal.

Damascus on 26-10-2004.


President
Bashar al-Assad

mz












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