مدى تأثر عقود ببع العقارات الباطلة بمرور الزمان الخمس عشري

Abstract EN

An action to annul a contract must be instituted within fifteen years from the date when the contract was made.

This is a general rule that also applies to the sale of real property, including settled real estate, and the contracts that have been registered at the Lands and Survey Department.

However, the decisions of the Court of Cassation have introduced an exception to that general rule, retaining actions to annul contracts registered at the Lands and Survey Department even after the lapse of fifteen years; for example, if the contract was made by a person lacking capacity or through forgery.

It is appreciated that the position of the court rests on plausible reasons.

Yet, it disturbs long-settled legal situations that have been made in good faith.

To avoid unintended consequences, it is submitted here that the trial judge should be vested with a discretionary power to assess the appropriate solution on the facts and circumstances of each case so as to achieve the interests of the parties.

Thus, the judge may keep the null contract and confine the remedies to damages or annul the contract if the nullification is more conducive for justice.