«عكاظ» تنشر تعديلات جديدة على أنظمة التوثيق والتحكيم والمحاماة

"Okaz" learned that approval has been issued for amending the documentation, arbitration, and law systems after being approved by the Council of Ministers recently. The amendments included several legal provisions, including the division of common property, acceptance of gifts, the powers of notaries, the duration of legal agency, and attorneys' fees.

The details of the amendments are as follows:

First: Amendment of the Documentation System

• Amendment of paragraph 6 of Article 11 to read as follows: "6- Division of common property - including real estate - if there is no dispute, or a share of an endowment or will, or a person lacking capacity or partially lacking it, or absent."

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• Amendment of Article 12 to read as follows: "A notary is not authorized to document any acknowledgment or contract if one of the parties is lacking capacity or partially lacking it, or absent, or a guardian of an endowment or will, except in the following cases:

• Acceptance of gifts.

• Actions of a father regarding the property of his child who is lacking capacity or partially lacking it.

• Acknowledgment by the seller of the sale to an ancestor who is lacking capacity or partially lacking it and receiving the price before the ancestor's death.

• What is expropriated from real estate for public benefit unless the compensation is real estate.

• A lease contract whose duration does not require permission from the competent court."

• Amendment of Article 38 to read as follows: "The duration of the power of attorney document shall be five years from the date of issuance unless it is revoked, or one of the parties dies, or loses capacity before the expiration of this period, or the principal specifies its duration to be less than that period."

• Amendment of paragraph 2 of Article 40 to read as follows: "When preparing contract templates, the rights of the contracting parties to add any condition or agreement shall be taken into account, unless it contradicts the regulatory texts."

Second: Amendment of the Arbitration System as follows:

• Amendment of paragraph 1 of Article 10 to read as follows: "1- An agreement on arbitration is only valid if made by someone who is capable of acting, whether a natural person or a legal entity."

• Amendment of subparagraph (b) of paragraph (1) of Article 50 to read as follows: "b- If one of the parties to the arbitration agreement at the time of its conclusion is lacking capacity or partially lacking it, according to the system governing their capacity."

Third: Amendment of the Law System as follows:

• Amendment of Article 18 to read as follows: "Only lawyers registered in the practitioners' list have the right to represent others before the courts or the Board of Grievances, or the committees referred to in Article (1) of this system. Exceptionally, the following may represent others:

• The spouse or in-law of the person, or a relative up to the fourth degree.

• The legal representative of the legal entity.

• The guardian and the custodian in guardianship cases and the endowment they oversee.

• The treasurer in matters within their jurisdiction as stipulated by law."

• Amendment of Article 26 to read as follows: "The attorney's fees and the method of payment shall be determined by an agreement made with their client. If there is no agreement, or if the agreement is void, or is revoked or dissolved, the court that heard the case shall determine them in case of disagreement based on the request of the attorney or the client, in proportion to the effort exerted by the attorney and the benefit that accrued to the client. This provision shall also apply if any ancillary claim arises from the original lawsuit.