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19 July 2019

Chapter 1 East Timor Land Law 2017 Objects and Definitions

WARNING HUMAN_MODIFIED MACHINE TRANSLATION - Law No. 13/2017of 5 of June SPECIAL SCHEME FOR THE DEFINITION OF OWNERSHIP OF PROPERTY

CHAPTER I General provisions

Article 1 Objects

1. The present law establishes the special regime for the definition of ownership of land through recognition and attribution of the first property rights.

2. The purpose of the special regime for the definition of ownership of land is to clarify the situation of legal representation of real estate, promote the ownership of property to citizens and ensure universal access to land.

3. The recognition and attribution of the first property rights have as guiding principles the respect for rights, the recognition of possession as a basis for the attribution of the right of ownership and compensation in cases of duplication of rights.

Article 2 Definitions 

For the purposes of this law, the following definitions shall apply:

(a) “Aforamento” means the right of the user to the enjoyment of land by means of payment of a rent, with possible right of renewal recognised as such in the applicable law during the Portuguese administration;

(b) "Land" means the soil and everything that is a permanently attached building, in accordance with the provisions in the Civil Code;



(c) "Declaration of ownership" means the act by which one or more persons, whether natural or legal, declare the ownership of the right of property land, with a view to having formally recognised that right in the scope of the cadastral survey process;

(d) "Declarant" means the natural or legal person, that has submitted a declaration of ownership of the right of ownership over a property, valid and timely, individually or in groups;

(e) "uncontested declarant" means the sole ownership of the right of ownership over the immovable property or the group by agreement as to the ownership of an immovable;

(f) "declarant in possession" means the declarant who is found in the current possession of the property on the which is declared the ownership of the respective right of property;

(g) "informal property rights" means the rights on immovable property arising in the light of customary law and arising from long use, which have the characteristics of
property rights;

h) "DNTPSC", the National Directorate of Lands, Cadastral Properties and Services Ministry of Justice or any other entity of the State that, according to the law, pursue its tasks;

(i) "vulnerable groups" means all persons who, because of questions relating to ethnicity, religion, provenance, condition social, gender, sexual orientation, age, physical or mental disability, are less likely to exercise their rights as citizens;

(j) "Hak guna bangunan" means the right to build or temporarily maintaining a work on the ground recognized as such in the applicable law during the Indonesian administration;

(k) "Hak guna usaha" shall mean the right to the land of the State for a certain period of time, recognized as such in the law applicable during the Indonesian administration;

(l) "Hak milik" means the right to full and exclusive enjoyment of the rights of use, enjoyment and disposition of real estate, as recognised in the applicable law during the Indonesian administration;

(m) "Propriedade perfeita" means the right to enjoy full and exclusive use rights,
enjoyment and disposal of immovable property, recognised as such in the law applicable during the Portuguese administration.

To be continued....

East Timor Law and Justice Bulletin

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