The Minister of Justice, Abdellatif Wahbi, announced the restriction of the issue of contract drafting to the relevant authorities in this field, which includes notaries and clerks, excluding lawyers.
This new regulation was passed after the House of Representatives, in a legislative session held on Monday, approved by majority vote the draft law No. 041.25 amending law No. 39.08 relating to the Code of Real Rights, and the Royal Decree issued on the 9th of Ramadan, 1331, as a law of obligations and contracts, as well as law No. 18.00 relating to the system of co-ownership of constructed properties, and law No. 51.00 relating to leases leading to property ownership.
The draft law received the approval of 65 deputies, while 30 opposed it.
Justice Minister Abdellatif Wahbi explained that this project responds to what has been observed of imbalances in the field of contract drafting related to actions pertaining to properties and the associated real rights, especially those that pertain to properties that cannot be transferred or whose transfer depends on fulfillment of specific procedures and processes.
The minister indicated, for example, the contracts drafted regarding communal lands and what that has generated in terms of legal issues affecting contractual security and disrupting the stability of real estate transactions, noting that this legislative text is part of a comprehensive and integrated reform of the documentation system related to the real estate framework.
The First Amendment
Regarding the first amendment contained in articles 1, 2, 3, and 4 of this draft, Wahbi noted that it concerns the restriction of professionals authorized to document actions related to real estate, including private agencies related to it and promises for property sales, ensuring contractual security for actions regarding properties and real rights and protecting real estate ownership by stipulating the mandatory nature of the official contract and excluding customary documents.
He confirmed that in order to regulate notary practices and enhance values of transparency regarding them, to support stability in transactions and safeguard the right to property as constitutionally established, documenting actions related to properties and real rights associated with property ownership transfer or the establishment of real rights is limited.
This approach, according to Wahbi, is the fruit of extensive consultations during which it was agreed to restrict this jurisdiction to relevant professional organizations, emphasizing that “the main task of lawyers is to assist in achieving justice by representing parties and supporting them, to ensure the right to a fair and equitable trial, without neglecting their role in arbitration, mediation, and legal consultation.”
They Will Manage Data from Here to Tomorrow
Wahbi denied targeting lawyers and confirmed that he is performing his duties as a minister and is obligated to reform and put an end to violations that create countless problems, stressing that he will continue to work and is not concerned with the statements issued by these bodies.
In this context, Wahbi stated that there are 60 lawyers suspected due to these contracts, 30 of whom are being prosecuted and 30 in the investigative phase, in addition to documenting books in prisons due to drafting contracts unlawfully.
Wahbi indicated that the public prosecutor has arrested public clerks working under lawyers’ names, signing and validating contracts in their names, while others are trading in sales contracts.
The minister said that these cases create new issues in the courts, and what is most surprising is the attempt by some lawyers to seek assistance due to their involvement in drafting “invalid contracts.”
