Protection of the bona fide buyer from the owner appearing in the Land Registry (Comment on the decision of the General Authority of the Syrian Court of Cassation No. 6 of 2022)

The decision issued by the General Authority of the Syrian Court of Cassation No. 6 of 2022, based on the request submitted by the Real Estate Chamber / B / at the Court of Cassation, which ended with the removal of protection from the bona fide buyer from the owner appearing in the real estate registry to whom the ownership was marred (the seller) One of the reasons for invalidity is a wave of discussion and division among those working in the law between supporters and critics of it, as it came as a departure from the stable and frequent jurisprudence of the General Authority of the Court of Cassation, starting with its decision No. 59 dated 12/30/1972 and not ending with the decision. No. 282 / Basis 655 of 5/25/2014 and its Decision No. 56 / Basis 201 of 10/14/2014 and its Decision No. 111 of 9/20/2016, which came together to decide one meaning “that if the owner of the registration who acquired His right to register, by fraud or forgery, to sell this right to a bona fide third person, as this right is derived from the records of the real estate registry that prove this right to the seller, according to the appearance, and not from the forged contract, so he does not argue against him for the invalidity of this registration.

This study comes to examine the arguments relied upon by the General Assembly of the Court of Cassation, its decision under discussion, and their compatibility with the provisions of the Real Estate Registry Law, in particular Article 14/ of Resolution 188 LR of 1926 (Real Estate Registry Law).