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Law 35 Amending Article 61(b) of the Criminal Code

Official Gazette of the Republic of Tunisia — 2 July 2010 N° 53 Page 596
laws

Law n° 2010-34 dated 29 June 2010, amending and
completing some articles of the real estate rights
code (1).
In the name of the People,
The Chamber of Deputies and the Chamber of Advisors
having adopted,
The President of the Republic enacts the following law:
Article one – The provisions of articles 381 and 384, the
fifth point of article 377 ter and paragraph one of article
394 of the real estate rights code are repealed and replaced
by the following provisions:
Article 381 (new) – The department of land property
preservation shall daily close the register of the registration
requests and the lodging register. It shall submit a copy of
the registers manually kept to the real estate tribunal within
the competence of which the headquarters of the regional
directorate is falling within thirty days as of the closing
date. However, a copy of the registers electronically kept is
daily submitted to the said tribunal.
Article 384 (new) – The first and last pages of the
lodging register, materially kept by the department of land
property preservation, shall be numbered and signed by the
presiding judge of the real estate tribunal or his
representative. He also shall indicate in the first page under
his signature the number of pages of the register.
The forms of the land titles shall be numbered, and the
entries shall comply with the data in the lodging register.
Article 377 ter – 5 (new) – To register the act to the tax
collector, at the expenses of the party liable to pay the
registry fees. He is not exempted from this duty unless he
proves having warning in writing the party affected with the
consequences of non complying with this formality. He
shall submit to the regional directorate of the relevant
department of land property preservation the act and the
relevant documents, the title deed delivered to the right
holder included, and fulfill the formalities required for the
registration.
Article 394 (paragraph one new) – Any person
requesting a registration, a striking off, a correction or a
registry reduction, shall submit to the department of land
property preservation against receipt the act and the
relevant documents after fulfilling the registry procedures at
the tax office and paying the registry fees.
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(1) Preparatory works:
Discussion and adoption by the Chamber of Deputies during
its session held on 15 June 2010.
Discussion and adoption by the Chamber of Advisors during
its session held on 22 June 2010.
Art. 2 – A paragraph four is added to article 380 of the
real estate rights code :
Article 380 (paragraph four) – All the aforesaid
registers may be electronically kept if they are kept in their
final form through a reliable method and confirmed by an
electronic signature.

Art.3 – The provisions of paragraphs two and three of
article 394 and paragraph one of article 402 of the real
estate rights code are repealed.
The law herein shall be published in the Official
Gazette of the Republic of Tunisia and implemented as law
of the state.
Tunis, 30 June 2009.
Zine El Abidine Ben Ali

Law n° 2010-35 dated 29 June 2010, completing
the provisions of article 61 bis of the criminal
code (1).
In the name of the People,
The Chamber of Deputies and the Chamber of Advisors
having adopted,
The President of the Republic enacts the following law:
Single article – A second paragraph is added to the
provisions of article 61 bis of the criminal code as
follows :
Article 61 bis (paragraph two): Is guilty of the
same offence mentioned in the previous paragraph and
punished with the same penalties provided for by
article 62 of this code, any Tunisian who knowingly
make, in a direct or indirect way, contacts with the
agents of a foreign institution or organization the aim
of which is inciting to prejudice the vital interests of
Tunisia. Is deemed as vital interest of Tunisia any
matter related to economic security.
The law herein shall be published in the Official
Gazette of the Republic of Tunisia and implemented as law
of the state.
Tunis, 29 June 2010.
Zine El Abidine Ben Ali

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(1) Preparatory works:
Discussion and adoption by the Chamber of Deputies during
its session held on 15 June 2010.
Discussion and adoption by the Chamber of Advisors during
its session held on 22 June 2010.

N° 53 Official Gazette of the Republic of Tunisia — 2 July 2010 Page 597

CONSTITUTIONAL COUNCIL (*)

Opinion n° 07-2010 of the constitutional council, on a draft law amending and completing some articles of
the real estates rights code.
Opinion n° 25-2010 of the constitutional council, on a draft law completing the provisions of article 61 bis
of the criminal code.

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(*) The opinions are published only in Arabic and French.

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