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Law 39 Of 1986, The Terms Of The Purchase Of Housing From Public Bodies.

Original Language Title: القانون 39 لعام 1986 شروط شراء المساكن من الجهات العامة .

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Law No. 39 of 1986 Requirements for the purchase of housing by public bodies.


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Act No. 39 of 1986
Date-birth: 1986-12-20 History-Hjri: 1407-04-18
Published as: 1986-12-20
Section: A law.

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Law No. 39 of 1986
Conditions Public procurement

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on 16 /4/14407 A.H., 18/12/1986, The following are issued:

Article 1


In order to require the purchase of a residence from any State party or the public sector or assigned to housing, the following conditions are required:
a. He may not have purchased a residence from any of these quarters or assigned a residence from her or any of the housing cooperatives.
b. Not to be the owner and the children of his or her minor children, together or individually, for a full dwelling of more than twenty thousand Syrian pounds or for shares worth more than thirty thousand Syrian pounds in residential real estate in accordance with the current estimate of the financial services and, if necessary, amend these amounts by decision of the The Prime Minister based on the proposal of the Minister of Housing and Utilities.
c. To be born or resident in the governorate in which the residence is located.

Article 2

The nullity of all sale or allocation of housing from State or public housing is considered null and void, contrary to the provisions of the preceding article and does not have any legal effect.

Article 3

a. Not everyone who has purchased a residence from a State party or public sector or has been assigned to housing before or after the entry into force of this law shall refrain from acting in an act, gift or nude, or holding an insurance, mortgage or other conduct for the other person who sold or allocated it, before five years ago. Ten years on the date of purchase or allocation and prior to the full fulfilment of its value and a reference is made to the newspaper of residence in the real estate record, the provisional record or any record in place, and the status of the reference is exempt and raised from any fee.
b. The prohibition of the act set forth in the preceding paragraph shall end with the death of the buyer or the person assigned to the residence and the reference is made by the newspaper of the residence.
c. It is absolutely null and void and without legal effect, each act contrary to the provisions of this article, as well as every power of attorney, whatever its method and wherever it is to be conducted, conceals this act.
d. For any reason and as a result of any obligation, for any reason and as a result of any obligation, prior to the conditions of action provided for in this article, the application must be executed and sold by auction, for any reason and for any obligation.

Article 4

a. Any violation of the provisions of this Law shall be punished by imprisonment from three to six years and shall be ruled by the nullity of the act, the revocation of the sale, the cancellation of the appropriation and the confiscation of the ownership of the act of the domicile, with all other rights in it, in the interest of the public who sold it or allocated it without any other consideration and removal of the residence and the hand of the hand. It's got no matter of concern or hand.
b. The ownership of the residence shall be free of references and rights of any kind to the entity that has sold or assigned it and is registered in the real estate registry without any fees or charges.
c. Confiscation and removal shall be carried out by the seller, buyer, concern and hand, and all other references to the real estate paper shall be carried out by the Penal Execution Service.
d. Discreative reasons, suspension of execution or suspension of the sentence for offences punishable under the provisions of this Act shall not be applied.

Article 5

a. Confiscation and dissection, in accordance with the provisions of this Act, shall not be arranged for the propriation, disposals, concern, creditor, mortgagee or the barrier of any right to the public body to which the domicile is concerned.
b. No person has the right to be removed from the residence and not to the act, the alienator, their creditors or the owners of the references, the prosecution on the public body to which the residence is entitled, the claim of any right, the placing of a reservation sign or any other sign on the residence for any reason relating to the nullity of the act or Confiscation or expropriation in accordance with the provisions of this Act.
c. The public body to which the residence is a source may not be a party to the proceedings between the alienator and the alienator, or between them and their creditors, or any person who truly claims an eye or personal right to housing as a result of the nullity of the action or confiscation, or for any reason.

Article 6:

Excluded from the provisions of this Act:
a. Esmoke housing for housing and is subject to the provisions of Law 38 of 1978
b. Homes for demolition by public bodies.

Article 7

The current conduct prior to the operation of this Act shall be subject to the provisions of Legislative Decree No. 45 /No. 45 of 1980.

Article 8

The Minister of Housing and Utilities issues instructions to implement the provisions of this Act.

Article 9:

The Legislative Decree No. /45/Tariche, 15/09/1980, is repealed

Article 10:

This law is published in the Official Journal.

Damascus, 18/4/1407 A.H.
20/12/1986

President

Hafez al-Assad

mz. m












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