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Law 33 Of 2008 Judge Install The Ownership Of Real Estate And Built Parts Of The Real Estate Is Built And Instructed The Executive

Original Language Title: القانون 33 لعام 2008 القاضي بتثبيت ملكية العقارات المبنية وأجزاء العقارات غير المبنية وتعليماته التنفيذية

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Act No. 33 of 2008, establishing the ownership of property built and parts of immovable property and its executive instructions


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Act No. 33 of 2008
Date-birth: 2008-12-23 History-Hjri: 1429-12-25
Published as: 2008-12-23
Section: A law.

Information on this Act:
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Law No. 33 of 2008
Judge Pause Ownership of Built Real Estate and Unbuilt Property Parts and Executive Instructions

President
Based on the Constitution

As approved by the People's Assembly at its 19th meeting, / 12 / 1429 A.H., 17. / 12 / 2008

The following are issued:

Article 1 -

The following terms and expressions are intended where the meaning of each of them is set out in this law -- Ministry -- Ministry of Agriculture and Agrarian Reform.
Minister-Minister of Agriculture and Agrarian Reform.
Governor-Governor of the county that follows the estates covered by the provisions of this Law.
Committee-The Judicial Committee formed in accordance with the provisions of this Law.
Chairman of the Committee-Chair of the Judiciary Committee constituted by the provisions of this Law.
The administrative unit-the city, town, village or municipality that follows the estates covered by the provisions of this law.
Area. Total real estate and real estate parts covered by the provisions of this Act.

Article 2

This law aims to stabilize the ownership of the built real estate and the parts of unbuilt real estate in a specific real estate area and an editor or part of it by removing the spread and correcting the descriptions, secretion and modification of the real estate paper in line with the current situation of this situation. Real estate.

Article 3

The areas subject to the provisions of this Law shall be determined by decision of the Prime Minister on the proposal of the Ministers of Agriculture, Agrarian Reform, Local Administration and the Environment.

Article 4

The work in the areas specified in accordance with Article III of this Law shall be opened by a decision of the Minister to declare the public benefit in these areas and to publish this decision in the Official Journal and in two daily newspapers.

Article 5

The administrative unit within its spatial jurisdiction shall prepare charts indicating the outer limits of this area and the figures of the real estate required to be secreted, removed and corrected, including the facilities and public facilities.

Article 6

a. The administrative unit shall prepare the detailed charts and the topographic lifting schemes on the basis, conditions and technical specifications prepared by the Ministry in coordination with the Ministry of Local Administration and Environment.
b. The Directorate General of Real Estate Interests supervises the organization of these schemes and receives them assets after making sure that they are identical to these specifications.
c. In organizing such schemes, administrative units may contract with public or private entities.

Article 7

a. By decision of the Minister, a judicial committee in each region as follows ...
1. A real estate judge
2. Head of the county's cadastral department
3. Head of County Area Department
4. Representative of the first category Governorate
5. Expert of the region nominated by the Governor as a member
b. The members of the Committee are sworn in before their President before their work. I swear to God, to do my job honestly and with honour and to respect the regulations and laws.
c. The Committee may use the opinion of experts competent in its work to have an advisory opinion.
d. Meetings of the Committee shall be lawful in the presence of the President and at least three members, and decisions shall be taken in the absolute majority.

Article 8

a. The Committee shall meet immediately after the publication of the Minister's decision containing the opening of the business and issue a decision to designate the date of direct order and announce its decision in the bulletin board, the county centre and a prominent place in the area, as it is reported to the courts, the implementing services and the Directorate of Interests. Real estate, head of the competent real estate documentation bureau, district committees, cones, administrative bodies and related departments.
b. Courts of all degrees should refer to the Committee when the direct order is notified of the issues relating to the rights in kind returned to the Area unless a provision has been issued for it before the direct order and the implementing services to refrain from the date it is informed by the direct order of implementation. Provisions related to the rights in kind to the real estate of that area and to the Directorate of Real Estate and Real Estate Documentation Offices in the governorate to refrain from accepting and registering contracts and real estate transactions in the area from the date of the direct order and until the real estate is registered. Implementation of the provisions of this Law in accordance with the Commission
c. The Office of Real Estate Documentation, as soon as it is informed of the opening of the business decision, shall organize the necessary contract and judge by placing a reference subject to the provisions of the Law on the Exposition and Removal of Prevalence and Correction of descriptions of the property sheets covered by the decision, as soon as it is informed by the direct order to regulate the contract of non-procedure. Any treatment on this property.
(d) All certified contracts shall be registered before the date of direct order and within one month of the date of such order and by the expiration of the deadline, such contracts shall be transmitted to the Committee, together with the reasons for non-registration.

Article 9

a. Following the direct order, the Chairman of the Committee shall be entitled to the following powers
1. To alter the forensic nature of the real estate covered by the approved regulations from the Prince to the King if its legitimate type is an American, and its decision in this regard shall be issued in a manner that does not accept any method of appeal or review.
2. Excretion of the State's share in real estate with a common share, as well as the secretion of parts of real estate not covered by the decision to open business based on the schemes set out in Article 5-of this Law with independent real estate.
3. To implement the records, screening and diversion schemes adopted in accordance with the Agrarian Reform Act and its amendments, which were not implemented by the Directorate of Real Estate Interests until the direct order was issued.
4. Application of the provisions of Law 273 of 1956, its amendments and executive instructions and the transfer of property to which its provisions apply, from the territory of the State, to the property of a private State, a non-distributor appropriation to the property of the administrative unit.
5. Correction of errors and completion of shortcomings appearing in the real estate paper, which is originally from the authority of the real estate administrator or the real estate judge, as the case may be.
6. Liquidation of inheritance and transition transactions that have not been liquidated on the date of the issuance of a direct order by conducting the investigation of heirs and their identities, requesting images of their restrictions and the restriction of the gene from the competent services, and then issuing the necessary decision to appoint the names of the heirs and their respective shares according to the legal type of the property with Consider the date of death for real estate, whose legal type has been altered in accordance with regulation -1, paragraph-a-of this article.
b. The Chairperson of the Committee shall issue decisions on the application of items 2, 3, 4 and 5 of paragraph-a-of this article as acting as the director of real estate interests and the head of the Office of Real Estate Documentation.

Article 10

Following the direct order, the Committee shall announce the acceptance of applications for alleged in-kind rights in the Area within one month of the date of the declaration.
The Declaration is made on the Commission's bulletin board and in the places specified in paragraph-a-of Article 8-of this Law.

Article 11

The Committee shall perform the following functions ...
a. To decide on the requests made by the authors of the relationship to establish the defendant's rights in kind and to ratify the contracts received from the Office of Real Estate Documentation, which did not register until the expiry date of the registration deadline set out in article 8, paragraph-d-of this law, as well as the dismissal of cases. Referred to it from the ordinary courts and the execution of the judicial decisions concluded and highlighted to them.
b. The Chairperson of the Committee applies when the application and dismissal of cases referred by the ordinary courts, provided for in paragraph-a-preceding legal texts relating to determination and editing, and transactions relating to the registration of contracts shall be issued as the standing of the director of real estate interests.
c. The Committee shall establish the rights in kind in the region and appoint the rights holders in accordance with resolutions issued on behalf of the Arab people in Syria.
(d) If required to register, the Commission may decide to give any owner in the region instead of cash or part of the area, and may give any of the owners of the benefit a space greater than its entitlement to pay in cash to the landlord or share of the property and value is valued The allowances specified in this paragraph in accordance with the Law on the Use and Amendments shall be made by a committee formed by the Minister to this end.
e. Decisions of the Committee, which are issued in its judicial capacity, are subject to appeal before the Area Court of Appeal within the time limit specified in paragraph-and-of this article. The decisions of the Court of Appeal are concluded and the decisions to register contracts are subject to the provisions of the real estate registry laws.
The Committee shall organize a table of rights in kind in the region with the name of the owner of the right, share, property or division in which this quota is located and the summary of the decision taken by the Committee and declares this schedule in the places specified in article 8, paragraph-a-of this law, for a period of one month and is prepared. This declaration serves as a personal notification to all parties and becomes concluded by the rights guaranteed by the end of this period unless the appeal falls within the period mentioned, and it remains for those who truly claim after the legal deadline set out in this paragraph to review the ordinary judiciary to claim a right. Personal compensation against the author of the restriction within two years of the expiration date of the month indicated above.
g. The Commission and its President shall apply the trial proceedings provided for by the Act on Identification and Liberation Act No. 1186 of 1926 and its amendments.

Article 12

The Committee's decisions set out in article 11, paragraph c, of this Act are mainly in the registration and opening of the real estate, with a reference to the recording of an appeal in the event that it occurs.

Article 13

a. The Committee shall receive compensation for each final decision to be issued and to establish the rights in kind, as follows:
1-100 Syrian pounds to the Chairman of the Committee.
2.75 Syrian pounds per member.
b. The real estate workers assigned to implement the decisions of the committee and those working in the administrative unit charged with supervision and technical preparation shall receive compensation which shall be determined by the Governor's decision based on the proposal of either the head of the administrative unit or the director of the real estate interests, as the case may be.
c. The compensation payments contained in this article shall be disbursed from the provisions of the administrative unit and shall be noted in the amounts resulting from the application of the provisions of this Law, which the administrative unit shall meet.
d. The compensation ceiling set forth in paragraphs A and B of this article shall be determined by decision of the Prime Minister on the basis of the Minister's proposal not exceeding 40 % of the fixed monthly wage at the date of the performance of the work.
e. The compensation awarded by the Commission under the provisions of this article shall not be regarded as compensation payable by staff members under the provisions of the laws in force.

Article 14

All those who obstruct or obstruct the intent of implementing the provisions of this law are punishable by imprisonment from one month to three months and a fine from 5000 to 25,000 Syrian pounds and double the penalty in case of repetition.

Article 15

a. A penalty of six months to three years and a fine of 50,000 to 100,000 Syrian pounds shall be punished by a record or attempt to register by means of married means, documents or other bonds under the name of a false king, or in the name of another person.
b. Penalties provided for in paragraph-a-above shall be punished by all those who have witnessed false testimony with intent to register a property in the name of a person who is not entitled to a property without a right.

Article 16

If another law provides for a penalty for the act itself that is more severe than the penalty provided for in this law, the most severe punishment is applied.

Article 17

The Commission, its work and decisions are subject to judicial inspection in the form prescribed by the law of the judiciary and the sanctions against the President and members of the Commission are imposed by the competent minister on the basis of the proposal of the judicial inspection department.

Article 18

The current property law is governed by the property of private and public property, public and public property, institutional property, endowment, seizure and confiscation.

Article 19

a. Each property or exchange in the real estate register shall be imposed as a result of the application of the provisions of this law to draw a fee of 10 % of the financial value of such real estate or the exchange rate, and shall be transferred to the State treasury.
b. The Administrative Unit is entitled to meet a financial advance from rights holders up to 10 thousand Syrian pounds.

Article 20

The executive instructions for this law shall be issued by decree of the Minister.

Article 21

This law is published in the Official Journal.
Damascus, 25-12-1429 A.H., 212-12-2008.

President
Bashar al-Assad

Following is a light on Operational instructions For Law (33):

-In determining the area provided by law, the following conditions are required:

* Its real estate and real estate parts are defined, edited and registered in real estate records based on the decisions of the real estate judge or the courts of appeal, and their real estate and real estate parts are connected and can be limited to one scope.

* The construction rate is not less than 50 % of its total area, and the total area of the area is below/2/ha within the approved regulatory schemes, expansion and protection zones and//5 hectares in the rest of the regions.

The law may not have been issued for those areas to be established by a regulatory area in accordance with the provisions of Title II of Law 9/or Section 7 of Law/7/7/26 to not be owned and registered in the real estate registry on behalf of the applicant and the deposit of the cash allowance. To receive the act as registration in the law enforcement gallery.

On the basis of the committee's work and issuing a direct order, the instructions stipulated that the committee should meet immediately after the minister's decision, which included the opening of the works after it was published in the official gazette. The decision would issue the date of direct order in the area according to the model prepared for this purpose, and then it would be announced after the order. Direct in the Committee's bulletin board as well as in public places and main squares in the area.

The executive instruction indicated that the registration of decisions of the committee in the real estate register comes after the time of the announcement of the schedule of decisions, as the Committee refers to the Directorate of Real Estate Interests the documents of the committee's work distributed to two classifiers containing the following technical documents (the report of the secretion and removal of the documents). In the event that the committee's decision is resumed, the executive instruction stipulated that a photograph be transmitted and that the detailed plan should be transmitted, in addition to the record of implementing the decisions of the committee to make technical amendments to the detailed and structured scheme according to the model prepared for this purpose.

Sanctions

With regard to the sanctions, the executive instructions indicated that anyone who would mind or obstruct the intent of implementing the provisions of the law is punishable by imprisonment from one month to three months, and a fine is payable in the case of a doubling of the penalty in the case of repetition of the penalty in the case of repetition.

The instruction also provides for the punishment of imprisonment from six months to three years and a fine from 50,000 to 100,000 Syrian pounds each from a record or attempt to register by means of fraud, documents, or bonds to others under the name of a false king in his name or in the name of another person.

The instructions explained that the Committee, its work and decisions must be subject to judicial inspection and in the form prescribed by the law of the judiciary, and that the sanctions against the Chairperson of the Committee should be imposed and given by the competent minister on the basis of the proposal of the judicial inspection department.

Fees.

With regard to fees, the executive instructions:

Any property or exchange exchange record in the real estate register due to the application of the provisions of the law imposes a fee of 10 % of the financial value of such real estate or for the divorce, and these charges are transferred to the State treasury. A reference is made (not in the title of the title, and no treatment is made on the contract or The following shall be maintained prior to the completion of the fee.

The executive instructions required administrative units located within its spatial competence to open an independent account for the region whose revenues are as follows:

The advances granted by the administrative unit budget and the financial advances charged by the administrative unit of the Administrative Unit during the submission of their applications and set the amount of 10,000 Syrian pounds for each property or exchange claimed to be owned, and the request does not register with the Commission's office and unless it is attached to a receipt Payment, with the income shown in the two preceding paragraphs by the Order of Exchange of the Administrative Unit, to be disbursed to the work required for the implementation of the provisions of the law.

The executive instruction explained that the liquidation of the advances mentioned in this article by the administrative unit must be carried out immediately after the completion of the work, depending on the actual cost of the expenses incurred as a result of the implementation of the law and in accordance with the regulations in force with the administrative units.

It is pointed out that the 33-to-2009 Law is aimed at fixing the ownership of real estate in the residential areas covered by the law, correct their descriptions and secretions, and amend the real estate and the real estate scheme in line with the existing reality and lead to the regulation of the areas of violation.

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