Preamble

NOTARIES AND OTHER PUBLIC SERVANTS Article 1082 – Petition for contested appeal against refusal of an act by a Conservator or other official – When a conservator, a notary or other public employee refuses to perform any registration or any act which may be applied for, and appeal therefrom lies to the Court of the respective division if the party declares that he wishes to prefer an appeal, the public servant shall handover to the applicant within 48 hours an exposition specifying the grounds for refusal. Within subsequent 20 days the appellant shall present to the court his appeal petition, annexing thereto the exposition given by the public employee and any other documents. In the appeal petition, the interested party shall demonstrate that the ground for the refusal are not tenable. Code of Predial registration articles 252 and 253, Notarial Code article 222; Code of Civil Registration, articles 439 to 442. Articles 1082 – 1088 - Appeals against Orders passed by conservators, notaries etc. oIs peculiar to the Code. Article 1083 – Subsequent steps - Independently of any order the proceeding shall be sent to the judges, for 3 days, to the Public Ministry to express his view. Thereafter, the judgment will be passed within 8 days. The interested party who wants to support the refusal may by application say within the time fixed for the judgment to give his say on a matter. If the refusal were found untenable, he shall be directed to pay costs. Article 1084 – Appeals - From the final judgment the aggrieved parties, Public Ministry and the public employee who has refused the registration may file appeal from order. From the collective judgment which decides the appeal from order, always appeal shall lie from the order to the Supreme Court. The appeal from order will have the effect of staying the operation of the impugned order.

Article 1085 – Handing over documents and information to disciplinary authority - Once the appeal is finally decided, the documents shall be returned to the parties without keeping on record any notes or other particulars. The copy of the decision shall be sent to the disciplinary authorities to whom the public employee who has caused the refusal is subject, whenever the appeal court finds it convenient. Article 1086 – Appeal from doubts raised by registrar - If the Registrar of Property records has any doubt in effecting a final registration and makes it only provisional, the interested party may also appeal in respect of the doubt raised to the divisional court. To such appeal whatever is provided in previous articles shall be applicable, and the office shall inform the Conservator, immediately after the distribution of the proceeding, that appeal has been filed and shall remit to him the definitive judgment which may be passed. Article 1087 – Hierarchical appeal - Before availing of the appeal mentioned in the previous articles, the interested party may apply to the Law Minister that direction be issued to effect the registration. After hearing the office of the Attorney General of the Republic, and if any direction is issued to that effect, the public officer shall comply with the same. Whoever feels aggrieved by such act may appeal to the court of Judicial division, thereafter the appeal in the rest shall follow to the extent applicable, what is provided in previous articles. Article 1088 – Appeal to solve questions over rectification of errors in land registration - When there are doubts raised over the rectification of the errors in the Property Register, if any of the interested parties or conservator opposes the rectification, the doubt shall be decided by the court of respective judicial division on the application of any interested party. The conservator shall, within 5 days, at the request of the appellant, make a short exposition about the proposed error, indicating the reasons favorable and those opposing the rectification and shall give his opinion saying what appears to him just. To such appeal the provision of second clause of article 1082 and in articles 1083 to 1085 shall be applicable.