Law no (22) of 2004 Regarding Promulgating the Civil Code

طباعة
 
Section: 3rd: Lease of Waqf Property (661-669)

  • Article 661 

    1. The trustee of the waqf shall have the authority to lease it.
    2. Even if the entitlement is limited to him, the beneficiary of the waqf shall have no authority unless he is authorized by the creator of the waqf or by any other person who may have the authority to lease, such as the trustee or the judge.

  • Article 662 

     
    The authority to collect the rent shall be vested in the trustee but not the beneficiary, unless the trustee authorizes him to collect such rent.

  • Article 663 

     The trustee of the waqf may not lease a waqf property for his own account or for his wife, children or relatives.

  • Article 664 

    1.      No waqf lease shall be valid in the event of gross injustice unless the landlord is the only beneficiary that may have the authority to dispose of the waqf, in which event the waqf may be leased by gross injustice against himself but not against successive beneficiaries.
    1. Where the trustee leases the waqf at gross injustice, the tenant shall complete the rental to the rental of a similar property; otherwise the contract shall be revoked.

  • Article 665 

     
    1. Where the creator of the waqf determines the term of lease, such determination shall apply and the trustee may not contradict such determination unless authorized to lease in the best interest of the waqf.
    2. If no person wishes to lease the waqf for the term as determined by the creator of the waqf or if the lease for a longer period is in the best interest of the waqf, the trustee may lease the waqf for a longer time, subject to the court's permission.

  • Article 666 

     
     
    Other than waqf properties forming part of the general trusteeship by the competent authority by law, the trustee may not, unless the creator of the waqf determines the period of the lease, lease a house, a shop and the like for more than one year or lease the land for less than three years, unless the interest requires the rent of such house and shop be increased or the rent of the land be decreased.

  • Article 667 

     
    1. Other than waqf properties forming part of the general trusteeship by the competent legal authority, the trustee may not, without permission from the court, lease the waqf for more than three years, even under successive contracts. If the term of the lease is longer, such term shall be shortened to three years.
    2. However, if the trustee is the creator of the waqf or the only beneficiary, he may not, without permission from the court, lease the waqf for more than three years, subject to the right of the successor trustee to demand a decrease of such term to three years.

  • Article 668 

     
     
    The waqf lease shall not terminate on the death or removal of the trustee.

  • Article 669 

     
     
    The provisions of the lease contract shall apply to the waqf lease, subject to the above provisions.

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