Presenting these two texts, approved by a majority of 98 votes, with two abstentions, MP Qouloub Feitah, from the Authenticity and Modernity Group, highlighted the importance of the proposed laws on the constitutional level and in terms of consolidation of the parliamentary practice, stressing that the adoption of the two proposals “constitutes a key moment in the current context”.
In this regard, she noted that the bill amending articles 4 and 319 of the Code of Real Rights is a topical subject, noting that “article 4 of the Code of Real Rights authorizes the lawyer authorized to plead before the Court of Cassation – unless a special law provides otherwise – to draw up all acts relating to the transfer of ownership or to the creation, transfer, modification or cancellation of other real rights, as well as proxies related”.
The last paragraph of Article 4 stipulates that the signatures of the parties are legalized by the competent local authorities, while the signature of the lawyer who drafted the contract is, for its part, certified by the head of the registry of the court in which the lawyer is registered, she noted.
Regarding the proposed law amending and supplementing articles 2, 174, 306, 310 and 317 of Law No. 39. 08 on the Code of Real Rights, as amended by the committee, the parliamentarian stressed that the Article 310 stipulated that “the acts of transfer of ownership or real right or constituting this right established by the preemptee on the preempted share are void. if it is an unregistered building.
The Committee on Justice, Legislation and Human Rights unanimously decided to amend Article 310 of the law as follows: “the acts established by the preempted owner on the preempted share are void. “it is an unregistered building”, while article 317 is maintained as it is presented in the proposal, she noted.