The word “wathiqah” (document) is derived from the trilateral verb “wathuqa,” which has several meanings in the Arabic language. The closest meaning to our topic is that it refers to something being strong, firm, and secure. It is sometimes used to express certainty and assurance. For example, it is said, “He trusted the news” when he was sure and certain about it. It is also used in the context of verification and credibility, as in saying, “He trusted the person” when he believed and trusted him.
However, the first meaning is the most appropriate and closest to our purpose, which is strengthening, firmness, and solidity. So, we can conclude that “al-tawthiq” (documentation) means proof, strengthening, and making something secure.
Referring back to our word, and based on what has been mentioned, the definition of “al-wathiqah” (document) in Arabic dictionaries is: a written document or its equivalent that proves a debt or absolves from it, or anything that is authenticated by it. It has been widely used in modern times in many official papers and documents, whether local, international, or global.
Examples of such documents include travel documents, airway bills, and credit documents. Some of these documents are legal, while others are financial, and they are scientific terms with precise and specific definitions, which can be found in their designated context for those who seek them.
Also among these documents is the “athariyyah” (historical document), which refers to written or engraved text on any material or element associated with human civilization and experiences.
The result here is that the word “al-wathiqah” (document) has multiple uses and meanings, whether in previous ages or in modern times.
What concerns us here is the indication that the term “al-wathiqah” (document) refers to trusted and authenticated written documents, such as debt instruments and the like.
When we refer to the customary Arabic dictionaries, we find that the term “al-mulkiyah” (ownership) revolves around the concept of possessing something, and its uses and purposes are diverse.
To clarify this, we can say that the term “al-mulkiyah” is derived from the word “malik” (owner), which generally, according to linguistic dictionaries, indicates seizing, controlling, and having the ability to dispose of something.
For example, when it is said, “He owned the thing,” it means he took control of it and had the ability to dispose of it as he pleased. Similarly, when it is said, “He owns himself,” it means he has control over himself.
“Al-Melk” (property) refers to what is being controlled. It can be said, “Fixed property,” which refers to real estate, land, and the resources and structures on it.
If we briefly look at the legal terminology of the term “al-melk” among specialists and experts in the field, we find that they interpret it as a “legal connection between a person and something that gives them absolute control over it and prevents others from interfering with it.”
Therefore, we can deduce that “al-mulkiyah” (ownership) is the exclusive right to dispose of something in the absence of any legal or statutory impediments.
Most of the information presented here is based on the “Mujam al-Maani” (Dictionary of Meanings) of the Arabic language, which is available on the Internet. Those who wish to delve deeper into the topic can refer to it or other well-known Arabic language books and dictionaries.
Having established the above, we now need to understand the intended meaning of the term “wathiqat al-mulkiyah al-‘aqariyah” (property ownership document). To explain and reveal that, I say, with the help and guidance of Allah:
• In this context, it may be difficult for me to find a readily available comprehensive and detailed scientific resource that explains the meaning of this term or assists in disclosing it to the extent we desire and aim for. Therefore, the majority of what I will present, elaborate, formulate, and explain in this context is based on my personal understanding, humble efforts, and composition. It is an attempt to provide a conceptual framework and formulate a representation of the prevailing and commonly understood meaning that comes to mind when this term is used by the general public in society and when it is discussed and addressed by specialists involved in real estate matters.
Based on the report presented and formulated in terms of “document” and “ownership”, and based on what has been stated and clarified in each of them, upon careful examination and scrutiny, we find that we are facing phrases and sentences that have complemented each other and formulated themselves without much effort for those who seek to understand the intended meaning.
To explain this, if we consider the expressions and definitions of the aforementioned terms and make an attempt to integrate and articulate them, we will arrive at a verbal formulation that complements each other and expresses the desired meaning and the disclosure of it. Thus, the term “property ownership document” revolves around its meaning and refers to:
“When formulated and articulated, the intended meaning of ‘property ownership document’ is:
“The documents and papers – regardless of the type of medium – confirmed, secured, assured, and verifiably truthful in their content, which establish and prove the right to possess real estate/properties and demonstrate the entitlement to dispose of it or either of these two, for an individual or a group of individuals – including legal entities – in the absence of any legitimate or legal impediment. This entitlement prevents others from possessing or dealing with it except through authorization or delegation from the rightful owner.”
• Analysis of some of the terms used in the definition:
• When I say “the documents and papers – regardless of the type of medium,” I intend to refer to the material that contains and encompasses this right and entitlement, as well as the material used to write and formulate it. It could be traditional paper documents or other materials such as parchment, stone, wood panels, etc., or it could be modern types such as electronic and digital formats, which have become recognized and trusted by many governmental entities. It can be in any form or medium as long as it is used for formulating and establishing these rights and entitlements.
• When I say “which establish and prove the right to possess,” until “or either of these two,” I aim to differentiate between the right to possession and the right to dispose of it, as well as the distinction between one of them being exclusively documented or both being combined in the same document. [Further clarification on this matter will be provided in a few lines.]
• When I say “including legal entities,” I mean not to neglect or overlook the entities established by the state that have been granted legal personality, subject to laws and regulations applicable to individuals in certain designated areas determined by the state. Examples of such entities are companies and institutions that have been granted the right to engage in certain activities and are subject to specific regulations regarding property ownership, among others.
• When I say “in the absence of any legitimate or legal impediment,” I use this phrase to exclude certain scenarios in which possession may be established but the possessor is restricted from disposing of it. For example, in the case of a minor who inherits property, they do not have the right to dispose of it due to the impediment of legal capacity. Another example is when a property is legally encumbered or subject to dispute. There are many other situations that can be avoided to prevent prolonging the explanation.
• When I say “except through authorization or delegation,” I use this phrase to address situations outside the scope of the document where the right to transfer possession or the right to dispose of the held property may exist on behalf of the rightful owner through authorization or delegation.
Related Terms:
It is appropriate here to present and mention terms that are related or connected to the term “document” in order to complete and enhance the understanding by mentioning them. Some of these terms include:
1. Hujja (Evidence/Proof):
Hujja, in its plural form hujjaj, refers to evidence or proof.
• It can be used in the context of property ownership as a document or deed that proves the transfer of ownership.
2. Sakk (Deed):
Sakk, in its plural form skkuk, is a document that proves a right in property or similar matters.
3. Burwah:
Burwah is an official document or certificate that is placed in an iron cylinder.
• It is commonly used to refer to the document proving ownership of a house, which is usually kept rolled up inside a metal tube and stored in a safe.
Sometimes, the term “Al-Burwah” is used to refer to the container in which documents are placed. It is a copper tube used to preserve precious papers from damage. It was previously said: “Put your certificate in Al-Burwah so it doesn’t get ruined.”
However, it becomes apparent that the original usage of “Al-Burwah” is in reference to the document or official paper, and then the name was extended to include the container that holds the document.
Many have mentioned that it is a term used in Kuwaiti dialect, which was popular and used in the past, and this is true. However, it is not only used in Kuwaiti society but also in Omani and Qatari dialects. However, the content of the document referred to as “Al-Burwah” may vary and may coincide with the usage in these dialects, depending on what has been commonly accepted in their usage.
If we refer to these terms in the Arabic language dictionary, we find that “Burwah” originally refers to: the carving of a pen, stick, or soap. It appears that the word is derived from the concept of “Ibraa” (exoneration), as in “Ibraa al-Dain,” which means the release of a debtor from their debt after repayment.
It may be derived from this meaning because a document, whether it is an ownership document or a promissory note, contains the notion of exoneration from the rights of others for the holder. In a property ownership document, for example, the seller exonerates themselves from the buyer’s rights in the sold property and proves that the property has become the buyer’s after receiving its price. Therefore, it contains the concept of exoneration from the rights of others. The same applies to the documentation and fulfillment of debts, as they involve exoneration from the rights of others through their documentation and confirmation.
Musnad, in its plural form musanadat, refers to a documented or verified piece of evidence or information.
• Sannad refers to anything that is relied upon and depended upon. It is also used to refer to a debt instrument.
It is any legal obligation that is based on a binding contract. This expression includes the obligations contained in contracts of ownership and others.
On the other hand, Mustanad, in its plural form, is used to refer to documents. Some of its uses include referring to ownership documents. These are written or printed documents that serve as the original, official, or legal form and provide evidence and information.
Therefore, Mustanad al-Mulkiah (ownership document) refers to the authenticated contract or document.
The need of people throughout the ages for documentation and the writing of rights is evident if we define documentation as any established, strong, assured matter that is governed by it, and a document as anything that is governed by and relied upon to ensure rights, it is hardly conceivable for a rational person to doubt the need of people for such documentation to establish and confirm what happens in their lives, and their need for documentation and restriction in various aspects of their livelihoods, transactions, and strengthening their commitments towards each other.
Since ancient times, humans have felt an urgent need to document transactions and events they have experienced, as proof of these events and confirmation of the facts and interactions in which they participated, witnessed, and lived.
Without the process of documenting and recording these events and occurrences carried out by humans throughout the ages and eras, it would not have been possible for us to learn about the civilizations of past nations and their diverse cultures, nor would we have received news about them.
They used various methods and techniques to document and record these events and occurrences according to their different locations, times, and the tools and resources available at that time, which depended on the environmental conditions surrounding each time period.
This is evident in the artifacts, inscriptions, manuscripts, and ancient coins that have been discovered and are now in our hands, which contain information indicating the eras and time periods in which the creators of those artifacts lived. Through them, we have learned the details of their daily lives, understood their culture, customs, and traditions. Our knowledge and insight into these matters have only been possible because they documented and recorded these news and information.
It has been established from what has been mentioned earlier that the process of documentation and restriction has been present throughout ancient times, early eras, and advanced centuries.
As societies progressed over time, they developed methods and means of documentation, eventually leading to the current forms, formulations, editors, and containers that hold these documents. This has allowed us to obtain information in the shortest and fastest possible time, with minimal cost and effort.
As the need for people to document various transactions between members of society increased, they lacked proof of their occurrence, confirmation of their happening, and the ability to conduct transactions based on them. Among those transactions that took place between individuals and groups within society, some received significant attention and were highly valued. People needed to strengthen the proof of their occurrence and confirm their happening.
I refer specifically to transactions that involve the proof of rights, obligations, exchange of benefits, interests, and properties such as sales, exchanges, ownership of things (including real estate), mortgages, guarantees, and similar transactions.
The need for these documents and commitments was essential due to the magnitude of the subject matter contained within these transactions and the importance of the content encompassed by these exchanges.
By documenting these transactions and confirming these exchanges, the preservation of funds is ensured. Through them, ownership and possession of properties and real estate are proven. Confirming these commitments provides stability in circumstances and situations and resolves disputes, thus contributing to building trust and establishing communities.
Based on this perspective and the need of people and their lack of documentation for their real estate transactions and proof of their financial exchanges among each other, documents were created that include the determination of property ownership and other documents that prove financial transactions, such as mortgages, endowments, donations, powers of attorney, guarantees, and other financial dealings.
Documenting contracts and confirming commitments is a necessary matter in financial transactions such as buying, selling, lending, and other financial dealings and transactions. These transactions are contracted and concluded between individuals, groups, organizations, and companies, as well as in international and global agreements.
The act of documentation may greatly magnify and elevate its importance to the level of necessity and obligation in significant and complex transactions with interrelated and intricate relationships because it becomes a means to determine rights, resolve disputes, and prevent conflicts.
Through documentation, various interests of individuals are realized, among which the fulfillment of obligations and agreements, protection of rights, prevention of manipulation, and the fair adjudication of disputes are prominent.
How many disputes have been resolved and rights preserved thanks to documents and records? They eliminate doubts and resolve conflicts.
Documentation has become an imperative and essential practice in all matters that require authentication and confirmation of commitments.
The process of documenting contracts, strengthening them, and establishing the evidence to prove and confirm rights has significant social consequences and effects. These consequences are of great importance as they enhance social cohesion, strengthen bonds, and support social solidarity. Some of these effects include, but are not limited to:
• Establishing the principle of trust and promoting a sense of reassurance among the contracting parties which helps in building communities and contributes to their sustainability.
• Eliminating doubt and dispelling suspicion that may arise between parties involved in transactions or be suspected over time, whether in terms of compensation or time. If they refer back to the document, neither of them remains in doubt or suspicion.
• Closing the door to disputes and conflicts, or anything that may provoke animosity and disrupt relationships between people.
The principle of documentation is a noble and great principle recommended by legislation, passed down through generations, and emphasized by laws and regulations.
Here, the purpose is to strengthen commitments between individuals through the prescribed means of documentation, such as writing, witnessing, mortgage, guarantees, and others. This is to dispel doubt and suspicion, prevent denial and repudiation, and safeguard rights and trusts.
The wisdom and lofty goal of documenting these transactions can be highlighted through the following points:
• Affirming the principle of honoring covenants and agreements.
• Confirming and strengthening commitments.
• Safeguarding assets and preserving rights and trusts.
• Closing the door to disputes and resolving conflicts.
• Eliminating denial and repudiation.
• Dispelling doubt and alleviating suspicion among the parties involved.
• Revealing fraudulent contracts and guarding against them.
• Ensuring stability in conditions and transactions.
• Enhancing trust and reassurance among the parties involved.
• Providing evidence to prove rights.
It is highly appropriate to mention and emphasize the damages and harms that result from the absence of documentation. Through this, the wisdom of documenting contracts and confirming them becomes clear and evident.
The harms and damages resulting from the lack of documentation and strengthening commitments are numerous and varied. They also differ in terms of the party affected by these damages and harms. However, I will summarize and list them briefly in the following points:
• Instability in people’s conditions.
• Loss of money, acquisitions, and assets.
• Lack of proof and stability of rights.
• Unjust enrichment.
• Prevalence of disputes and conflicts.
• Spread of accusations and suspicion in society.
• Erosion of trust and reassurance among individuals.
• Widespread injustice and oppression.
• Migration, discord, and severed family ties.
• Spread of corrupt contracts.
• Absence of evidence to prove rights.
Causes of these damages and the factors leading to these harms:
It should be known that relying on trust between people is not guaranteed or certain because transactions can be undermined by forgetfulness, negligence, oversight, or indifference.
Additionally, people’s hearts are fickle, and their circumstances are subject to change. The contracting parties may be friends and close companions at the time of the contract, but animosity and hatred between them may arise, leading to denial and loss of rights.
When we contemplate the matter, any undocumented transaction, regardless of the means of documentation, leads to significant damages and numerous harms. The motivating reasons for this can be either intentional or unintentional:
• Intentional reasons:
◦ When one of the contracting parties lacks integrity or is morally weak, they may falsely deny the agreement after a long time, and perhaps the human inclination towards denial is influenced by Satan.
◦ Greed and love of money.
◦ Retaliation due to previous incidents and disputes.
◦ Temptation by external parties.
• Unintentional reasons:
◦ Errors or forgetfulness, as humans are prone to making mistakes and forgetting.
◦ Unforeseen events such as death or others.
◦ Doubts may arise over time among the parties or their heirs regarding the amount of debt or some agreement conditions.
◦ Negligence and forgetfulness by one of the contracting parties during the period between the transaction and the maturity date.
In these circumstances, if the contracting parties have doubts or disagree on any of the agreement’s terms, and there is no recourse to remove the doubt and resolve the dispute through documentation, such as writing, witnesses, or other means of documentation, both parties will develop negative assumptions about each other. It becomes difficult for either party to reconsider their belief and accept the other party’s statement. This leads to the evils of animosity and conflict, which burden and distress the parties involved, and may result in numerous violations, harms, and damages.
As it is known, human beings are inclined towards the love of money. In addition, people’s circumstances, whether poverty or wealth, are subject to change and instability. This makes transactions between people risky. Therefore, documentation and the emphasis on commitments through writing, witnessing, and other means of documentation become necessary to protect people from these fluctuations and changes that may affect their circumstances. These documents and confirmations serve as evidence of rights, resolution of disputes, settlement of conflicts, and alleviation of suspicion and doubt among the parties involved.
In our present era, we may find that some people are lazy or lenient when it comes to documentation and contract writing, for various reasons, such as kinship, friendship, or other considerations.
They justify their actions by assuming that trust exists and there is no need for documentation, ignoring or disregarding the potential consequences of not documenting and writing contracts, such as the loss of rights and assets due to forgetfulness or denial of rights, weak self-control, or greed, as well as disagreements over certain agreement details. This can lead to problems, disputes between parties, an increase in court cases, social disintegration, and family conflicts. All of these factors indicate the importance of documentation and the necessity of writing contracts between parties.
The word that must be said in this regard is that people nowadays must be obligated to write contracts, in order to prevent the loss of others’ rights or the unjust acquisition of people’s assets, and to close the doors to conflicts and disputes. We witness many conflicts and disputes in our society due to the lack of documentation and writing of contracts and debts.
There are many disputes that have arisen between landlords and tenants due to the absence of a lease contract, and many conflicts have occurred between partners due to differences in partnership agreements, all because of the absence of documentation and the writing of partnership agreements. This applies to many contracts and transactions that have not been documented and confirmed by the relevant authorities.
Therefore, it is necessary and imperative to document all contracts and agreements, with all their terms and details, whether they involve large or small amounts, regardless of their importance or simplicity. The obligation to document may be required, as in the documentation of marriage with witnesses, inheritance matters, or in buying and selling transactions, or when there is a fear of intersecting interests, conflicts, and disputes that may lead to the unjust acquisition of people’s assets.
Documentation provides a clear statement of the rights, obligations, and commitments of each party involved in the contract. It ensures the stability of transactions, enhances trust, provides reassurance between the parties involved, and prevents individuals with weak moral character from infringing upon the rights of others, taking advantage of their trust, goodwill, and good intentions.
One of the grave mistakes that some contractors make in financial transactions or in their understanding is their belief that requesting documentation of contracts, writing down debts, or signing receipts, etc, is an:
insult to them, a questioning of their integrity, and a defamation of their character. They may also believe that you do not trust them or accuse them of betrayal, which may cause them to turn away from you and not engage with you.
This notion is incompatible with preserving and safeguarding rights. It does not align with the stability and continuity of affairs, nor does it align with protecting assets.
This belief, which is inherently corrupt and invalid, contradicts what nations have agreed upon and generations have committed to. It opposes what societies have come together on, aiding their stability and the construction of their civilizations through the necessity of documentation, confirming commitments, and writing them down.
The result is that the presence of this concept, belief, or sentiment in others cannot protect the rights and assets of others from loss. It is not capable of preserving them when differences and conflicts arise over time.
Documenting and confirming commitments does not defame the character of others, their intentions, or their objectives. It has no relationship whatsoever, neither directly nor indirectly, with their inner thoughts and intentions. Documentation and confirmation are only proof of visible facts, events, and transactions that occur overtly between parties. They do not delve into or touch upon what lies within the hearts and minds of individuals. Therefore, it has no connection to that at all. One party deals with the visible events, while the other party deals with internal matters within people’s consciences.
It is contrary, and why should we not appreciate, if a transaction is completed or a loan is taken without anyone knowing, that one of the parties may pass away or the obligations may change? There are many rights, trusts, and debts that have been lost due to leniency in this principle.
The role of the legal notary becomes evident, highlighting the importance of the responsibility entrusted to them. The legal notary has complete knowledge of the matters that should be considered when drafting a contract. For example, they pay attention to accuracy in details and other aspects that others may overlook or not consider important. This includes aspects such as the price, payment terms, and method of performance. Additionally, they are responsible for examining and formulating contracts by ensuring their linguistic validity and avoiding ambiguous statements. They carefully read the contract multiple times, paying close attention.
Moreover, they assist in detecting fraudulent contracts. It is well known that many people prepare contracts believing in their validity or possess old contracts, thinking they are still valid for future use as evidence. However, when presented to a legal expert and notary, they reveal the flaws and non-compliance of these contracts with the law due to their knowledge and expertise. It is the function of the notary to scrutinize contracts, verify their validity, and provide guidance and advice to the parties involved regarding the correct legal form in which their obligations should be formulated, as well as the necessary information that the valid contract should include.
The notary is an active participant in the country’s economic life, contributing their abilities and expertise to enlighten individuals and spread legal awareness among them, ensuring that their transactions are in accordance with the law.
If a legal notary is not available at certain times or locations, the contract can be presented to a lawyer or legal advisor before signing it.
For documentation, there are multiple images and various means. The parties to the contract may choose any of these images, or they may be obliged to follow a specific image. The obligation can be imposed by religious law, legal law, or custom. Some of these images include:
• Firstly: Writing:
Documentation through writing is one of the most important and reliable means of proving rights. Writing transactions between people is considered a powerful method of documenting them, as they are referred to in disputes to determine the claimed right. In order for the documented writing to be valid evidence, it must meet the legal requirements and be free from material defects such as alteration, forgery, omission, additions, different handwriting, etc.
The advantage of documenting in writing over witnesses is that witnesses, although they can prove rights and their testimony is binding, are susceptible to death or may have circumstances that prevent them from appearing before the court to testify. The judge may reject their testimony due to deficiencies or their involvement in wrongdoing. They may forget or fear punishment, or they may have a financial interest or other matters that may discourage witnesses from giving their testimony.
The result is that documenting contracts in writing is a pillar of the theory of contracts. Contemporary jurists and legal experts have divided contracts based on this criterion into written contracts and verbal contracts, and this division is valid in terms of content.
• Secondly: Testimony:
The testimony of witnesses regarding actions and contracts is a means of documenting them and a precaution for the parties when disputing, as it serves as evidence to prove a right or refute falsehood.
It is necessary to consider and examine the conditions of the witnesses, so that they are just, honest, responsible, and reliable.
• Thirdly: Mortgage:
The term “mortgage” is sometimes used to describe the act itself, as they say: “seizing an asset or a financial item that can be recovered from it.”
Sometimes it is used to refer to the pledged item, and they refer to it as: the money that is used as collateral to secure a debt, which can be recovered from its proceeds if it cannot be recovered from the debtor.
Religious law has allowed, for the purpose of ensuring rights in debts, that the creditor takes a pledge from the debtor – a financial asset – which he keeps or has control over, and prevents the debtor from disposing of it until he fulfills his obligation. If the debtor fulfills his obligation, the asset is returned to him, otherwise, it is sold, and the creditor recovers his right from it.
• Fourthly: Guarantor:
Guaranteeing a debt means: adding the guarantor’s liability to the liability of the one guaranteed, committing them both. The creditor has the right to demand payment of the debt from the guarantor, with the guarantor’s commitment to do so, especially when it is impossible to recover it from the original debtor.
This is considered a reinforcement of the debt that the guarantor is responsible for. The concept is that someone who has the right and is financially capable and known to the rightful owner undertakes to guarantee the debtor and the debt, so if the debtor fails to fulfill his debt, the guarantor fulfills it on his behalf.
The right of detention or retention:
Here, some researchers present a fifth image of documentation, considering it one of the forms of documentation used to verify contracts and confirm agreements. It is the right of detention or retention.
They define it as the right of the owner to retain a movable asset until his right is fulfilled if the debt is related to it. To clarify, we provide an example: the manufacturer of an asset has the right to retain the asset he made for another person until he receives its price.
Researchers mention other forms of retention in this context, including the right of the seller to retain the sold item until receiving the payment, and the right of the lessor to hold the benefits until receiving the accelerated rent, among other examples.
In reality, considering this image, which is the right of retention, as one of the forms of documenting contracts does not align with the principles, origin, and foundations on which contracts are based. Documentation is fundamentally a characteristic that applies to concluded contracts; it is attached to a contract.
As it is known, a contract is based on the consent and choice of both parties, while this form of retention, as presented by researchers, is unilateral. Therefore, considering this image as one of the means and forms of documenting contracts is inconsistent with the principles of contracts.
People may recognize other forms, and each form has its own rules and regulations. However, the essence is that rights must be documented and confirmed through appropriate and suitable means of documentation. The main purpose of documentation is to safeguard and preserve rights.
Since documentation is a fundamental and necessary tool in any economic development, it must be given attention by adopting the latest methods in the process of documenting economic contracts, given the urgent need for trust and credit in financial transactions.
In order for documentation to achieve its impact in preserving rights and obligations, the following should be considered:
• Firstly: The right or commitment documented in the contract should be lawful and legal. Documentation is not valid if the content of the contract is invalid, unlawful, criminal, or prohibited by the state, such as gambling and alcohol, and the one engaging in such acts is considered a perpetrator of the crime and subject to legal consequences. Documentation is only permissible in lawful and legally recognized matters and contracts.
• Secondly: If the Sharia (Islamic law) specifies a particular means or a specific form of documentation, or imposes conditions on it, it is not permissible to violate them. For example, in financial transactions, when two male or one male and two female witnesses are required, it is necessary to comply with this requirement and not limit it to just one witness.
• Thirdly: Compliance with the state’s laws regarding the documentation of certain transactions and rights, as this falls under the jurisdiction of the state’s legal policy, such as the marriage contract, for example.
• Fourthly: Ensuring the authenticity of the documents, free from forgery, falsification, and falsehood.
• Fifthly: Safeguarding the documents with responsible authorities and providing original and certified copies to the parties of the contract or their representatives, as agreed upon.
• Sixthly: In the case of documentation by way of mortgage, the mortgagee is not allowed to dispose of the pledged asset unless the debtor refuses or is unable to fulfill the obligation. The mortgagee should not take more than his right if the pledged asset is sold, and he is not allowed to benefit from it unless with the debtor’s consent. The debtor is entitled to receive compensation in exchange for the mortgagee’s benefit from the asset.
Documentation has significant effects and fundamental purposes, among the most important of which – as mentioned earlier – are the durability of rights and the preservation of the rights that are owed to their owners, as well as proving them when necessary.
There are also subsidiary and accompanying effects resulting from the process of documentation. Examples of these effects include:
• Restricting the disposition of the mortgagor in the pledged asset, except as provided in the mortgage documentation.
• Establishing the jurisdiction of the guarantor regarding the obligations of the principal.
• Selling the pledged asset in case the debtor, who is responsible for the debt, fails to fulfill it.
These consequences provide peace of mind and instill complete confidence that rights will not be lost to their owners. It is well-known that documenting transactions serves the public interest in society by encouraging people to assist others in exchange for guaranteeing their rights, especially in contractual arrangements such as mortgage, guarantee, surety, remittance, and others.
What is meant by real estate consultancy?
Real estate consultancy is a specialized service provided by individuals or companies with expertise in the field of real estate. Real estate consultants offer support and guidance to individuals and companies interested in buying or selling property. The role of a real estate consultant includes conducting a comprehensive analysis of the real estate market, providing property evaluations, and guiding clients on market opportunities and challenges.
When searching for a property for purchase or investment, the consultant meets the client’s needs and directs them towards suitable options. They also conduct extensive research and gather comprehensive information about available properties, making it easier for the client to make an informed decision. Real estate consultants market properties for sale, manage the processes related to advertising and attracting potential buyers, and contribute to the preparation and review of contracts. They also assist in streamlining legal procedures and ensuring proper understanding between the parties.
Ultimately, the real estate consultant works to facilitate all processes related to real estate, from research to completing the transaction, with the aim of achieving the best value and experience for the client.
What are the types and sections of real estate consultancy?
Real estate consultancy is a specialized service provided by individuals or companies with expertise in the field of real estate. Real estate consultants offer support and guidance to individuals and companies interested in buying or selling property. Real estate consultancy can be divided into several main types, based on the nature of the services provided or the entity offering the consultation. These types include:
1. Legal Real Estate Consultancy: Provides legal advice to clients on all legal issues related to real estate, such as contract drafting and examination of legal documents.
2. Financial Real Estate Consultancy: Focuses on providing financial advice to clients regarding real estate investment and financing for real estate projects.
3. Engineering Real Estate Consultancy: Relates to the engineering aspects of real estate, such as design, construction, and maintenance of real estate structures.
4. Tax Real Estate Consultancy: Provides advice on tax-related aspects of real estate, including property taxes and income from real estate.
5. Property Management Consultancy: Focuses on providing advice in the field of property management, such as rental management and marketing of properties.
• Real Estate Companies: Provide comprehensive services that include marketing, property management, and guiding clients through the buying and selling processes.
• Real Estate Consultancy Offices: Provide specialized services in specific areas, such as property valuation or engineering design.
• Government Entities: Provide services related to government policies concerning real estate, such as urban planning guidelines and regulations.
These consultations aim to provide specialized support to clients in various aspects of real estate, whether they are individuals looking for a home or companies investing in real estate projects, thus contributing to making informed and successful decisions in this sector. The role of a real estate consultant includes conducting a comprehensive analysis of the real estate market, providing property evaluations, and guiding clients on opportunities and challenges in the market. When searching for a property to purchase or invest in, the consultant meets the client’s needs and directs them towards suitable options. They also conduct extensive research and gather comprehensive information about available properties, making it easier for the client to make an informed decision.
What qualities should your real estate consultant possess?
A successful real estate consultant possesses a combination of qualities that contribute to their success in the field. Here is a further clarification of the essential qualities they should have:
1. Experience: Success in real estate consultancy requires extensive experience in the real estate market, along with a deep understanding of real estate laws and regulations.
2. Professionalism: A real estate consultant should demonstrate professionalism in dealing with clients, maintaining confidentiality of information, and acting with high ethical standards.
3. Honesty and Integrity: They should be honest and trustworthy in their dealings, providing clients with genuine and transparent advice.
4. Communication Skills: They should have excellent communication skills to effectively explain information and understand clients’ needs.
5. Punctuality: They should be committed to meeting deadlines and effectively managing their time to ensure timely service delivery.
6. Problem-Solving Abilities: They should be prepared to deal with challenges and solve problems that may arise in the real estate field.
In addition to these qualities, there may be additional traits depending on the specific specialization of the real estate consultant, such as negotiation skills, marketing abilities, and effective property management. In conclusion, choosing the right real estate consultant is important, and clients should seek someone who possesses these qualities and provides comprehensive support to fulfill their aspirations in the real estate field.
You should seek real estate consultancy whenever you face a problem or decision related to real estate, as a real estate consultant can assist you in making informed decisions and achieving the best outcomes. Here are some examples of situations where you may need to seek real estate consultancy:
1. When considering buying or selling: When planning to purchase a home or property, or when contemplating selling your property, real estate consultancy can provide valuable insights into the market and property value.
2. When looking for real estate investment: If you intend to invest your money in real estate, you may need consultation to understand current market trends and investment opportunities.
3. When considering renting out your property: If you own a property and are considering renting it out, real estate consultancy can help you determine the appropriate rental price and provide advice on property management.
4. When property evaluation is needed: If you wish to assess the value of your property for specific purposes such as insurance or inheritance, a real estate consultant can provide an accurate evaluation.
5. When significant market changes occur: If there are major changes in the real estate market, consultancy may be necessary to understand their impact on your real estate investments.
6. When facing legal or tax issues: If you encounter legal or tax issues related to your property, obtaining legal or tax-related real estate consultancy may be necessary.
In general, real estate consultancy should be sought in any context involving significant decisions in the real estate field, as a real estate consultant can provide guidance and advice to help you make informed decisions.