Latest news with #CivilCode
Gulf Insider
12 hours ago
- Business
- Gulf Insider
Bahrain: Woman Wins 25-Year Legal Battle To Register Home
After a 25-year legal struggle, a woman has finally secured ownership of her home, following a ruling by the High Civil Appeals Court that upheld the validity of a property sale contract once deemed invalid. The dispute dates back to the year 2000, when the woman purchased the house for BD80,000. She paid the amount in three instalments— BD40,000 followed by two payments of BD20,000—to an agent representing the heirs of the deceased property owner. Although she received the property documents, she was unable to register the home in her name due to a 17-year restriction imposed by the Ministry of Housing, which barred property transfers during that period. The situation worsened when the property was seized by the Execution Court to settle a debt owed by one of the heirs, who had never formally transferred the property title. The court ordered the house be sold. In response, the woman filed a lawsuit to enforce her ownership rights. However, the First Instance Court declared the contract void, citing the restriction that was in effect at the time of sale. Her lawyer, Nabeel Al Qassab, appealed the ruling and submitted new evidence, including powers of attorney from the heirs authorising her to complete the title transfer. He argued that this constituted their approval of the original sale. Despite this, the Appeals Court initially upheld the lower court's decision. The case then went to the Court of Cassation, which overturned the verdict and sent it back to the Appeals Court for review. Upon reconsideration, the Appeals Court ruled that the powers of attorney clearly demonstrated the heirs' ratification of the transaction—even if the agent lacked authority at the time of sale. Under Article 436 of Bahrain's Civil Code, such ratification validates a contract if it meets key conditions: mutual consent, a defined property, a lawful purpose, and an agreed price. With those elements confirmed, the court ruled in the woman's favour and ordered the property to be officially registered in her name—bringing an end to a dispute that had lasted a quarter of a century.
Daily Tribune
21 hours ago
- Business
- Daily Tribune
Woman wins 25- year legal battle to register home
After a 25-year legal struggle, a woman has finally secured ownership of her home, following a ruling by the High Civil Appeals Court that upheld the validity of a property sale contract once deemed invalid. The dispute dates back to the year 2000, when the woman purchased the house for BD80,000. She paid the amount in three instalments— BD40,000 followed by two payments of BD20,000—to an agent representing the heirs of the deceased property owner. Although she received the property documents, she was unable to register the home in her name due to a 17-year restriction imposed by the Ministry of Housing, which barred property transfers during that period. The situation worsened when the property was seized by the Execution Court to settle a debt owed by one of the heirs, who had never formally transferred the property title. The court ordered the house be sold. In response, the woman filed a lawsuit to enforce her ownership rights. However, the First Instance Court declared the contract void, citing the restriction that was in effect at the time of sale. Her lawyer, Nabeel Al Qassab, appealed the ruling and submitted new evidence, including powers of attorney from the heirs authorising her to complete the title transfer. He argued that this constituted their approval of the original sale. Despite this, the Appeals Court initially upheld the lower court's decision. The case then went to the Court of Cassation, which overturned the verdict and sent it back to the Appeals Court for review. Upon reconsideration, the Appeals Court ruled that the powers of attorney clearly demonstrated the heirs' ratification of the transaction—even if the agent lacked authority at the time of sale. Under Article 436 of Bahrain's Civil Code, such ratification validates a contract if it meets key conditions: mutual consent, a defined property, a lawful purpose, and an agreed price. With those elements confirmed, the court ruled in the woman's favour and ordered the property to be officially registered in her name—bringing an end to a dispute that had lasted a quarter of a century.
GMA Network
2 days ago
- Business
- GMA Network
SC: Verbal sale of land valid if fully or partially carried out
A land sale made through a verbal or written agreement can be valid and binding as long as it has been partly or fully carried out, the Supreme Court (SC) has ruled. In an 18-page decision, the SC Third Division upheld the verbal sale of land between a man and his nephew. The Court said it found the sale to be valid even without a written contract because the nephew had already received the land title, moved into the property, and improved it. The case stemmed from the reclamation case filed by the man's children, who were initially unaware of the property. According to the court, the man's children only discovered the property in 2007 when they received a notice to pay real estate taxes. They found that their cousin was living there. For his part, the nephew said he bought the land from his uncle when he was still alive. After his uncle's death, the nephew kept paying installments to his uncle's brother. He also presented the land title as proof. Both the regional trial court and the Court of Appeals ruled in favor of the children while the SC reversed their decisions. "Under the Civil Code, a sale of land must be in writing to be enforced in court. This written document serves as proof that both parties agreed to the sale. However, the sale is still considered valid even without a written contract if it has already been fully or partly carried out. In such cases, a verbal agreement can still be legally binding, and witnesses may be allowed to testify to prove that the sale happened," the SC said. The SC added that taking possession of the land and making improvements on it are strong signs that a verbal sale had already taken place. Thus, buyers who are already living on the property can use the verbal agreement as a legal basis for their possession, even without a written contract, it added. The decision, penned by Associate Justice Samuel Gaerlan, was promulgated in April 2025 and made public in June 2025.—LDF, GMA Integrated News
Egypt Independent
18-06-2025
- Business
- Egypt Independent
House of Representatives' Housing Committee approves new 'old rent' law
The House of Representatives' Housing Committee approved in principle on Tuesday the newest draft for the old rent law submitted by the government. At the beginning of the House's plenary session, House Speaker Hanafi al-Gebaly referred a draft law submitted by the government on certain provisions related to rental laws and the reorganization of the relationship between landlords and tenants. This law replaces the previous draft law submitted by the government to the House of Representatives on April 28 regarding certain provisions related to rental laws. The referral was made to a joint committee of the Housing, Public Utilities, and Construction Committee and the offices of the Local Administration and Constitutional and Legislative Affairs committees to discuss the articles of the draft law and report upon it. It relied on the latest version submitted by the government to the House of Representatives on June 16, which included the major features and new legislative proposals to regulate the relationship between landlords and tenants. New draft law The draft law stipulates an appropriate transitional period before terminating old lease contracts. This period is seven years for premises rented for residential purposes, and five years for premises rented to natural persons for non-residential purposes. Tenants are required to vacate the leased premises and return them to the landlord once the transitional period is done. The law explicitly stipulates the abolition of all old lease laws after the end of this transitional period. The law stipulates that after the end of the transitional period, old lease contracts shall be terminated and the rental relationship shall be freed up, such that all lease contracts shall become subject to the provisions of the Civil Code, subject to the mutual consent of both parties. The draft law also stipulates increasing the legal rental value of places rented for residential purposes in distinguished areas by twenty times the current legal rental value, with a minimum amount of LE 1,000, and by ten times the current rental value of units located in medium and economic areas, with a minimum amount of LE 400 in medium areas, and LE 250 for units located in economic areas. It also stipulates increasing the legal rental value of places rented to naturalized persons for purposes other than residential purposes by five times the current rental value, and increasing the rental value of places rented for residential and non-residential purposes during the transitional period periodically annually by 15 percent. According to the law, inventory committees will be formed within the scope of each governorate, specializing in dividing the areas containing premises rented for residential purposes subject to the provisions of this law into distinguished, medium, and economic areas, and determining the rental value due based on this classification, provided that these committees complete their work within three months from the date of the law's entry into force. Edited translation from Al-Masry Al-Youm
Asahi Shimbun
16-06-2025
- Business
- Asahi Shimbun
Dual surname issue takes toll on common-law couple in Tokyo
A common-law couple using the pseudonyms Mitsuru Nezu and Toko Kurokawa in Tokyo on May 30. They joined a 2024 lawsuit aiming to give married couples the option of maintaining different surnames. (Suzuka Tominaga) A Lower House debate on a selective surname bill signifies the first time in 28 years for the issue to make it to the Diet. However, there are no prospects for the bill to be passed before the current Diet session closes in a week, meaning the difficulties will continue for a Tokyo couple who have maintained a de facto marriage. It has been 17 years since Mitsuru Nezu and Toko Kurokawa—both pseudonyms out of consideration for their daughter—opted for a common-law marriage in order for them to hold different surnames. Kurokawa, 52, said her last name 'is the foundation that shapes my life and myself.' When the couple were initially considering marriage, Kurokawa had already been known by her last name and used it in her professional life for more than 30 years. She said she did not want to be legally married and force either her or her husband to give up their last name. Nezu, 51, had conversely thought that women change their last names by default. However, he changed his mind after building an equal relationship with Kurokawa. 'There is no reason for a woman to change her last name other than customary practice,' he concluded. 'We can't just follow the same old way of doing things.' The couple instead chose common-law marriage, thinking, 'This is our way of life.' But as the years went by, the disadvantages and insecurities of being in a non-legal partnership 'began to hit us like body blows.' About 10 years ago when the couple wanted to buy a house, they inquired with every major financial institution about obtaining a pair loan, or joint mortgage. Almost all of them did not recognize common-law marriages. 'I thought that de facto marriages were treated lightly,' Kurokawa said. The two ended up signing for a loan with a high interest rate. Health and tax matters hold additional stressors as their medical expenses cannot be combined into one household and are not eligible for a tax deduction. Were one of them to become a dependent after falling ill or becoming disabled, the couple would be unable to file for a spouse deduction. A death would likewise not include the standard deductions or benefits, including those concerning inheritance. Both also are unclear on their ability to consent to a surgery on behalf of the other in the event of an emergency. Though they all live together, Kurokawa has sole custody of their daughter who is in junior high school. 'We eat together as a family, laugh together and fight. These casual, sweet days can't be separated from anxiety, as if we are walking on thin ice,' Kurokawa said. The couple joined a group of plaintiffs in a March 2024 damage lawsuit calling for a system allowing married couples to have different surnames. The plaintiffs claim that provisions of the Civil Code and the Family Registration Law that bar couples from choosing separate last names violate their constitutional rights. Specifically, they cite Article 24 of the Constitution that prohibits unreasonable restrictions on marriage and Article 13, which guarantees the right to the pursuit of happiness. In two similar court cases in 2015 and 2021, the Grand Bench of the Supreme Court ruled that the current system is constitutional. Nezu said he wants to ask the top court justices, 'Have you ever imagined yourself in the position of suffering?' A proposal from opposition parties to legislate the expansion of the use of maiden names to hold the same legal weight as a shared surname was also discussed at the current Diet session. However, Nezu and Kurokawa believe that 'changing one's family name does not alter the fact that one is abandoning the family name that has been a part of one's life for many years, and the problem of loss of identity will not be solved.' When both were preparing for the lawsuit, they made one attempt to register their marriage in February 2024. However, it was rejected after pair did not choose 'husband's name' or 'wife's name' in the surname section, but instead checked both options. The couple said they hope they will be able to joyfully register their marriage when a system open to different surnames is established.
