Tunisia

Real estate and the promotion of investment in Tunisia

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Published: June 23, 2023
Five panellists discuss the role of the land registry in promoting investment in Tunisia.
Five panellists discuss the role of the land registry in promoting investment in Tunisia.
Tunisia

A one-day conference took place in Tunis on 30 May, 2023 to discuss the role of the Tunisian land registry in the purchase of real estate, organised by IRZ and the Tunisian Chamber of Notaries. Approx. 100 notaries and other legal practitioners met to explore a range of notarial aspects regarding the promotion of investment in the real estate sector.

The Tunisian land registry as a guarantor for investments

The conference was opened by Minister of State Properties and Land Affairs, Mohamed Rekik, who discussed the central role of real estate to encourage investment and the respective importance of the land registry. After the welcome address, the other contributions discussed notarial certification as a basis and guarantor for the promotion of investment, real estate jurisdiction and transaction security. The theme of the afternoon presentations was how to combat money laundering associated with the purchase of real estate and various taxes that can, and should, encourage investments.

In addition to the Tunisian experts, Mr. Wadii Rhouma (President of the Land Registry), Mr. Jaafer Rebaoui (Advisor to the Court of Cassation and Vice President of the Centre for Land Law and Urban Planning in Tunis), Mr. Kamel ben Mansour (Notary), Mr. Abdessalam Ben Hamouda (Tunisian Commission for Financial Analyses) and Mrs. Nour Alhouda Abid (Directorate General for Studies and Tax Legislation), Mrs. Monika Thull (notary public) as a representative from the Federal Chamber of Notaries and Mr. Harald Wilsch (District Auditor IV for Land Registry Affairs at the Munich District Court) also attended online to provide insights into the German land registry system. M. Thull spoke about notarial certification for real estate transactions in the German system and Mr. Wilsch explained transaction security for real estate investment in the German land registry procedure.

The development of the land registry in Tunisia

The conference was well attended with a great deal of lively participation. In particular, the lectures, which fundamentally tackled the theme of the land registry and real estate as the subject of investments, provoked some fascinating debates, which emphasised the need for ongoing discussion within the framework of meetings or conferences. We are planning a further event for the Tunisian judiciary for real estate courts.

Arbitration in the era of (digital) change

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Published: March 29, 2023
Participants focus on a presentation during the workshop on arbitration in Tunisia held on 25th and 26th February 2023.
Participants focus on a presentation during the workshop on arbitration in Tunisia held on 25th and 26th February 2023.
Tunisia

A workshop for legal practitioners was held in Tunis on 25th and 26th February organised by the IRZ and the Research Centre for Dispute Resolution and Enforcement Methods at the Faculty of Law and Political Science at the University of Tunis El Manar (ReLèVe) on the occasion of the 30th anniversary of the Arbitration Code in Tunisia.

Arbitration for a more efficient legal system

The hybrid workshop was aimed at representatives of the respective institutions, stakeholders in the judiciary, law firms and the legal departments of Tunisian companies. The workshop was a summary of the situation regarding arbitration in Tunisia and Germany which formed the basis of these additional exchanges. Furthermore, the workshop explored topics such as the modernisation and digitisation of arbitration to achieve more efficient case law to bolster the process of reform in Tunisia. Arbitration is of particular importance in the Tunisian judiciary, as it contributes to ease the load and improve the efficiency of the judiciary as an alternative method of dispute resolution.

Challenges and opportunities

Professor Emeritus Mohamed Kamel Charfeddine gave an introductory lecture on the first day of the two-day event, followed by Attorney General Imed Derouiche and his thoughts on how to amend the Arbitration Code in Tunisia. Attorney Dr. Wolfgang Gruber, LL.M. then commented on the situation regarding arbitration in Germany and its development in recent years and decades. Attorney Dr. Rüdiger Morbach also presented his practical experiences on the topic “From electronic arbitration to a digital judiciary”.

On the second day, participants explored the structure of arbitration in Tunisia during a talk by Professor Noureddine Gara. Judge Asma Hasan made suggestions for potential changes. Dr. Rüdiger Morbach spoke about the state actors in arbitration, which then led to the issue of arbitration in terms of justice presented by Mr. Issam Yahyaoui from the District Court of Tunis. Dr. Nader Zaghal from the Faculty of Law at the University of Sfax led the workshop to study the challenges and opportunities in the Tunisian Arbitration Code.

The hybrid event also attracted a number of online attendees, with approx. 15 interested persons in addition to the 60 participants on site. Further events on the topic of alternative dispute resolution will be held in Tunisia in the future.

Conference to optimize the length of trials and proceedings and increase the efficiency of the judiciary

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Published: February 27, 2023
Participants in the conference to optimise the length of trials and proceedings and increase the efficiency of the judiciary, held on 26 October 2022 in Tunis
Participants in the conference to optimise the length of trials and proceedings and increase the efficiency of the judiciary, held on 26 October 2022 in Tunis
Tunisia

IRZ organised a conference on 26 October 2022 in Tunis on the topic: “Efficiency of the judiciary: optimizing the length of trials and proceedings” in collaboration with the Tunisian Ministry of Justice and the research centre “Centre d'etudes juridiques et judiciaires” (CEJJ).

The event was opened by the German ambassador, Mr. Peter Prügel, the director of the CEJJ, Mr. Mounir Ferchichi, the head of cabinet at the Tunisian Ministry of Justice, Mr. Kamel Eddine Ben Hsan, and the head of the Africa section at IRZ, Mr. Mohamed Montasser Abidi. Mr. Christian Schmitz-Justen, Vice President of the Cologne Higher Regional Court, contributed the German expertise and experience.

The first part of the conference focused on the theoretical framework of the length of trials and its importance of such for the efficiency of the judiciary and the associated challenges. Participants also discussed various instruments and mechanisms that can be used to optimise the length of the trial. The second part of the conference allowed the 70 participants to exchange ideas and extend their knowledge in five workshops on the following five areas of law:

  1. Optimisation of the duration of litigation in civil law
  1. Optimisation of the duration of trials in criminal law
  1. Optimisation of the duration of trials in commercial and tax law
  1. Optimisation of the duration of trials in social law
  1. Optimisation of trials in real estate law

The topic of the “optimisation of the duration of trials” is one of the most important focal points of the work of the Tunisian Ministry of Justice, which aims to increase the efficiency of the judiciary. IRZ is therefore planning further in-depth events on this topic in 2023.

The conference took place within the framework of the joint work program for 2022 concluded between the Federal Ministry of Justice and the Ministry of Justice of the Republic of Tunisia.