Actions for specific performance of contract (Green contract)
According to the Egypt civil law No 131 in 1948 article No 210 : In cases of contracts that have a provision that results in…
According to the Egypt civil law No 131 in 1948 article No 210 :
In cases of contracts that have a provision that results in a commitment to act, the judge’s ruling has the same action of implementation, if this is allowed by the nature of the obligation.
From this we can gather that:
1- There is a friendly way to take the reaction of documenting the sale and purchase transactions, which are listed on an unmovable issue (‘unmovable’ used for property here). It is the case when all the parties of contract visit the notarization and registration authority and deal with the special department for documenting the actions that are listed on an unmovable issue.
2- There is another way, according to law, to compel the seller to deal with the procedure of giving you all rights according to the contract if he doesn’t want to do it by his will.
Both of these two ways have the same results, but one of them without obtaining court decrees and the other happens with court decrees.
So, according to that, everyone who wants to start documenting the action has to go through two steps.
1- Inform the notarization about the act by making request to start the procedure.
2- Register the right in the special fill for this unmovable issue after finish all the required legal steps.
According to these two steps, the buyer will get very important benefit: he’ll have the right against everybody with or without good faith. For example, sometimes the seller offers the same issue to many persons at the same time; sometimes he can try to cheat the buyer to pay more by making another contract to another one, to let this latter contract serve as a legal obstacle to the buyer to get all his rights on this land or apartment.
So, the law gives the one who starts the procedure temporary protection and preference after he or she informs the notarization about the act and contract. But after every step is finished, and the ownership transfer is registered, this protection and preference will be permanent.
To do all of that, you have to deal with the law in a very careful way and scrutinize all the fine print in the contract, as well as inquire at the government about this unmovable (apartment, building or land).
The Egyptian lawyers have gotten used to calling this kind of contract the ‘green contract’, because the law is asked about registers the commencement of a declaration. For doing that, they have to write it on peculiarly-colored papers from the notarization authority — the green papers.
So, after finishing the procedure of registration, or after recovering the case to get the court decree, you have very powerful official documents that state your ownership of this unmovable issue. Afterwards, no one else can claim that he has any rights on this unmovable issue.