Abdul Nasser Houshane, head of the Constitutional and Legislative Committee in the People's Council, affirmed that the abolition of Law No. 143 of 1958 regarding the seizure of properties in favor of the Ministry of Education does not affect the legal status of properties previously seized, nor does it have any retroactive effect.
For his part, Houshane pointed out that the Ministry of Education and Training was the one that submitted the draft to abolish this law to be referred to the People's Council, noting that the abolition comes in line with the provisions of the Constitutional Declaration and the trend towards abolishing unjust laws.
He clarified that the abolition is limited to striking the legislation from the system of current laws without creating a right to recover properties or change their current ownership, noting that the legal rule dictates that laws do not apply retroactively unless explicitly stated.
Origin of Law 143
The origin of Law No. 143 of 1958 dates back to Egyptian Law No. 521 of 1955, which was applied in Syria during the period of unity between Syria and Egypt, according to Houshane.
He explained that the legal situations that arose under this legislation since the 1950s have become stable and cannot be affected based on the abolition decision, noting that the law is no longer applied in practice.
Difference between Expropriation and Seizure
In the same context, the head of the Constitutional and Legislative Committee emphasized the need to distinguish between expropriation and seizure, affirming that the abolished law is classified under the category of seizure, not expropriation.
He clarified that expropriation is carried out in accordance with the provisions of the law to achieve public interest, including the establishment of schools, hospitals, roads, and parks, and is in exchange for fair compensation to property owners.
As for the seizure stipulated in the abolished legislation, it differs from expropriation in terms of legal controls and guarantees, and does not contain the same conditions related to public interest and fair compensation.
The People's Council approved on October 20 in its ordinary session the abolition of Law No. 143 of 1958, which allowed the Minister of Education to seize properties and lands necessary to establish schools, institutes, and facilities belonging to the ministry.
Source: Syrian Arab News Agency (SANA)
Comments (0)