For decades, many Jewish families who once lived in Tunisia were left in legal and emotional limbo, unable to reclaim the properties they were forced to leave behind. Today, thanks to evolving Tunisian law and international agreements, there is a renewed path toward justice, restitution, and reconnection with their heritage.
This article presents a clear and detailed overview of the legal mechanisms now available to Tunisian Jews and their descendants for reclaiming property rights. It offers valuable insights into the legal protections, real estate regulations, and administrative procedures that can help recover what was once lost.
Whether you’re a descendant of a Tunisian Jewish family or simply interested in justice through the lens of law, this article is an essential guide.
Protection of the property of Tunisian Jews under Tunisian law
I. Protection reinforced by fundamental guarantees
A. Protection through the right to property
First of all, the right to property is guaranteed by article 29 of the Constitution[1]. Moreover, it can only be restricted in the cases and with the guarantees provided for by law. Similarly, this right is essentially regulated by the Code of Property Rights (CDR) and other legislative and regulatory texts.
Many Jewish Tunisians left Tunisia after independence. This can be explained by social downgrading and the blocking of the development of Jewish businesses following the collectivization policy of the 1960s[2], all of which encouraged the exodus of Tunisian Jews.
This marginalization extended to the commercial sector, for administrative authorizations concerning import licenses and the granting of bank credits. In addition, tax authorities scrutinized Jewish businesses more strictly than Muslim ones, and taxed them more heavily. At the same time, several Tunisians of the Jewish faith were naturalized in France, which threatened the exercise of property rights over real estate in Tunisia[3].
In this respect, naturalized Tunisian Jews felt targeted at the time that the Nationality Code was being amended and that article 30 of this Code could restrict their rights[4]. Thus, under this article, repealed in 1975, “any Tunisian who acquires a foreign nationality or repudiates Tunisian nationality must leave Tunisian territory.”
Footnotes:
- Article 29, Constitution of Tunisia
- Collectivization policies implemented during the 1960s post-independence era
- Administrative and fiscal discrimination described in national property laws
- Former Article 30 of the Nationality Code, repealed in 1975
In addition, the legislator adopted several measures to regulate real estate ownership.
At this stage, we can say that procedures facilitating access to real estate ownership have been put in place thanks to bilateral agreements between Tunisia and France[1].
It should be remembered that the sale of real estate by a foreigner is, like the purchase, subject to the prior authorization of the Governor, except in the case of derogations provided for in bilateral agreements[2].
This obligation derives from two texts: the decree of June 4, 1957 on real estate transactions and the decree-law of September 21, 1977 on real estate transactions.
Agreements have been signed with France and Italy to simplify procedures. Under certain conditions, French and Italian owners (or their heirs) are exempt from the governor’s authorization. Exemption conditions vary according to the date of acquisition or construction of the property (before 1956 or after 1956) and the nationality of the purchaser (Tunisian or foreign)[3].
Consequently, these provisions are beneficial to naturalized Tunisian Jews with regard to the purchase, sale or access to real estate they own in Tunisia. The right of ownership of real estate, as registered with the Land Registry, is not subject to any statute of limitations (as also provided for in article 2227 of the French Civil Code). Non-use of the property for many years does not cause the owner to lose his right.
Footnotes:
- Bilateral agreements signed between Tunisia and France after independence
- Decree of June 4, 1957 and Decree-Law of September 21, 1977 on property transactions
- Exemption rules vary based on acquisition date and buyer’s nationality
In this context, we should mention Law no. 98-104 of December 18, 1998, ratifying an exchange of letters dated October 20, 1997 between the Republic of Tunisia and the Republic of France, concerning the regulation of the issue of French real estate in Tunisia[1].
These derogations therefore apply to law no. 83-61 of June 27, 1983 relating to real estate owned by foreigners and built or purchased before 1956, as supplemented by law no. 91-77 of August 2, 1991[2].
All purchases of real estate by non-resident French nationals are subject to authorization by the Central Bank of Tunisia, in accordance with exchange legislation. Resident French citizens are not required to obtain prior authorization from the Central Bank, but the purchase must be made by importing foreign currency. They must also open a « special resident account »[3]. This is in accordance with article 20 (new) of decree no. 77-608 of July 27, 1977, laying down the conditions for application of law no. 76-18 of January 21, 1976, reforming and codifying foreign exchange and foreign trade legislation governing relations between Tunisia and foreign countries.
In the same context, we also refer to law no. 78 of August 2, 1991, which sets out the conditions for the sale of real estate owned by the State and governed by the agreements concluded between the Tunisian and French governments on February 23, 1984 and May 4, 1989, ratified respectively by laws no. 85-2 of February 19, 1985 and 89-76 of September 2, 1989[1].
This law applies to professional, commercial and social housing premises owned by the Tunisian state, represented by the Tunisian National Real Estate Company (SNIT).
By virtue of this law, foreigners benefit from the right of priority purchase as regulated by law no. 78-39 of June 7, 1978, granting a right of priority purchase, and law no. 83-61 of June 27, 1983, relating to buildings owned by foreigners built or purchased before 1956[2]. Being French, Tunisian Jews, whether owners or heirs, can rely on the provisions of this law to restitute their property in Tunisia.
In this respect, a commission was set up under decree no. 92-1522 of August 15, 1992, to examine requests for the sale of real estate acquired by the State and governed by the agreements concluded between the Tunisian and French governments on February 23, 1984 and May 4, 1989, ratified by laws no. 85-2 of February 19, 1985 and no. 89-76 of September 2, 1989, and to set the terms of payment of their price[3].
This Commission has been set up within the Ministry of State Property and Land Affairs. It is responsible for examining requests for the transfer to Tunisians of foreign-owned real estate built or acquired before 1956 and whose ownership has been transferred to the Tunisian State, represented by the Tunisian National Real Estate Company, and for issuing its opinion prior to approval of such transfers by the Minister of State Property and Land Affairs[1].
To this end, formalities were laid down in a decree issued by the Minister of State Property and Land Affairs on March 7, 1992, setting out the documents to be included in files relating to requests for the transfer of State-acquired real estate governed by the agreements concluded between the Tunisian and French governments on February 23, 1984 and May 4, 1989, ratified respectively by laws no. 85-2 of February 19, 1985 and no. 85-76 of September 2, 1989[2].
However, the procedures are different for property built or acquired before and after 1956. A distinction must therefore be made between two periods in terms of the procedures to be followed:
Property acquired or built before 1956 and sold to a Tunisian is not subject to authorization by the Governor. The seller’s only obligation is to serve a summons on the tenant or occupant in good faith, by bailiff, to exercise his right of priority to purchase[1].
For property acquired or built after 1956, the sale is subject to prior authorization by the Governor, unless the conditions of the sale comply with the French-Tunisian Agreement of December 4, 2003. This agreement provides for exemption from the Governor’s authorization when the sale is made to a Tunisian and when the seller can prove that the property sold is the result of an investment in foreign currency[2].
In the case of real estate purchases, two factors are of particular interest. Firstly, the absence of a reservation of ownership clause in favor of the Tunisian State (as a result of expropriation for public use in accordance with law no. 2016-53 of July 11, 2016, relating to expropriation for public use, or nationalization under the law of May 12, 1964). This law nationalized foreign-owned farmland. Some 300,000 hectares were nationalized under this law, known as the “agricultural evacuation law”[1].
It should be remembered that, after independence, the Tunisian government had planned to carry out a census of the property of Jewish Tunisians with a view to nationalizing it, as part of the program for the gradual nationalization of farms and property belonging to French nationals. Hence this brought about confusion between French and Tunisian Jewish property owners[2].
Secondly, to check the land status of a registered property with the relevant Land Registry. This can be done by obtaining the blue title that proves legal ownership, or in other words, to verify that a person is the owner of a property, according to the Tunisian land registry. In addition, in the event of inheritance, this allows access to the property. A number of documents are required for financial or real estate transactions involving heirs[3].
For any real estate or movable property in Tunisia belonging to a French deceased, the succession must be declared in Tunisia and death duties must be paid. This condition is required by Law no. 98-97 of November 27, 1998, promulgating the Code of Private International Law, which establishes the national law of the deceased as the main connecting factor, while introducing the criterion of domicile[1].
If the deceased left real estate as part of his estate, the property situation must be regularized by registering the death in the land register. The death certificate, deed of notoriety and birth certificates of the heirs must be submitted[2].
Nationality is also a key factor in determining the rules governing the inheritance of real estate. Some Tunisian Jews were naturalized before independence, even before the adoption of the nationality code. The question that arises is whether the acquisition of French nationality through the collective effect of the naturalization decree adopted by the authorities of the French protectorate in Tunisia on December 21, 1922 results in the loss of Tunisian nationality. This was the legal question raised by the Court of Cassation[3].
In its judgment, the Court ruled that:
“The deceased held a certificate of nationality up to the date of her death. No administrative act forfeiting Tunisian nationality has been published. Thus, the fact that she chose to reside in France, had official French papers and paid taxes in France does not mean that she renounced her nationality, as evidenced by official administrative documents issued by the Tunisian state. Similarly, there is nothing in the law to prevent two nationalities being held concurrently.”[1]
But what if the child is born to Jewish Tunisian parents residing abroad who hold French or Israeli nationality and who have not been entered in Tunisian civil status registers?
Actually, the transmission of original Tunisian nationality is essentially by filiation (jus sanguinis). Anyone born of a Tunisian father or mother (including Tunisians of the Jewish faith) will be a Tunisian national, by virtue of Article 6 of the Nationality Code[2].
Family law was unified after independence. The Personal Status Code applies to all Tunisians, regardless of their religion[1].
Therefore, if the person was born abroad and wishes to have a birth certificate, the procedure to consider is as follows:
Registering a birth abroad:
All civil status records for Tunisians must be transcribed onto the civil status registers for the current year, kept by diplomatic agents or consuls with territorial jurisdiction.
- The competent administration: Parents contact the civil registry office of the Tunisian embassy or consulate, presenting a birth certificate issued by the foreign registrar.
- Deadline: Registration must take place within 10 days of the birth. After the legal deadline, registration can only be made by a decision of the Court of First Instance.
Registration by judicial decision:
The President of the Court of First Instance is competent to deal with applications for the registration of births in cases where the birth has not been declared within the legal time limit.
An application by the person wishing to register the birth in the Tunisian civil status register on behalf of the President of the Court of First Instance of the place of residence in Tunisia. The supporting documents to be enclosed are as follows:
- Certificate of non-registration issued by the consular services;
- Two witnesses of legal age heard by the judge;
- Anything that can be used to prove the identity of the person to be registered: parents’ marriage certificate, birth certificate issued by the hospital abroad, parents’ identity papers or birth certificates, etc.
Once the birth has been recorded in the civil registry, a judge orders the registrar to do so. The person concerned can request a birth certificate to obtain a nationality certificate proving his or her Tunisian nationality.
The certificate of Tunisian nationality is issued as proof of original nationality to any person requesting it and proving that he or she is Tunisian (if born of a Tunisian father, born in Tunisia of a Tunisian mother and a foreign father, born in Tunisia of a father and paternal grandfather both born in Tunisia…)[1].
The certificate of nationality is issued by the Minister of Justice, who alone is empowered to issue it. However, the diplomatic and consular representatives of Tunisia abroad and the cantonal judge of the district in which the applicant for nationality is located, with the exception of the cantonal judge of Tunis, are empowered to issue such a certificate[2].
Conditions for obtaining the certificate (if the applicant is abroad):
- The applicant must be of Tunisian nationality (proven by the birth certificate issued after registering the birth by court decision)
- The applicant must be resident in the consular district (if not, the applicant’s lawyer can request the certificate from the cantonal court in Tunisia)
Documents to be provided:
- Original birth certificate
- Copy of valid passport
- Application form
- Application made on behalf of the Minister of Foreign Affairs
- Payment of chancery fee (fiscal stamp)
If the applicant is in Tunisia
Documents required:
- Original birth certificate
- Copy of valid passport
- Payment of tax stamp
Who should the applicant contact?
- (1) The nationality department of the Ministry of Justice, if the applicant lives within the territorial jurisdiction of the Tunis cantonal court.
- (2) The territorially competent cantonal tribunal if the applicant resides outside the territorial jurisdiction of the Tunis cantonal tribunal.
Nationality already determines access to agricultural and non-agricultural real estate. Article 1 of the law of May 12, 1964 on agricultural property in Tunisia provides that, from the date of its promulgation, “ownership of agricultural land may only be held by natural persons of Tunisian nationality”[1]. Unlike access to non-agricultural real estate, which is strictly controlled, as explained above.
In addition, Tunisian Jewish heirs whose parents own property in Tunisia must have a death certificate in order to register them on a land title in Tunisia. Direct descendants and spouses can request a death certificate. This certificate also enables rightful claimants to benefit from their rights (inheritance, settlement of positions with banks and insurance companies, and benefits granted by social funds)[2].
Israelis of Tunisian origin have the right to use the services of a French notary, as Israeli notarial deeds are not recognized in Tunisia[3].
Nationality already determines access to agricultural and non-agricultural real estate. Article 1 of the law of May 12, 1964 on agricultural property in Tunisia provides that, from the date of its promulgation, “ownership of agricultural land may only be held by natural persons of Tunisian nationality”[1]. Unlike access to non-agricultural real estate, which is strictly controlled, as explained above.
In addition, Tunisian Jewish heirs whose parents own property in Tunisia must have a death certificate in order to register them on a land title in Tunisia. Direct descendants and spouses can request a death certificate. This certificate also enables rightful claimants to benefit from their rights (inheritance, settlement of positions with banks and insurance companies, and benefits granted by social funds)[2].
Israelis of Tunisian origin have the right to use the services of a French notary, as Israeli notarial deeds are not recognized in Tunisia[3].
In France, the notary draws up the Notoriety Act on the basis of documents provided by the deceased’s relatives, enabling him/her to identify the family members concerned by the succession (family record book, marriage contract, divorce decree, etc.). If the deceased had drawn up a will and kept it at home, it must be handed over to the notary before it can be applied[1].
The notary then draws up a complete inventory of the deceased’s assets. He then carries out the mortgage and tax formalities connected with the death, and draws up a deed of division of the estate assets. You can then prove that you are an heir by means of this act of notoriety[2].
Under Tunisian law, in the event of death outside Tunisia, if the Tunisian consular authorities are unable to draw up the death certificate, the foreign authorities may do so in accordance with the procedures in force in the country where the death occurred, provided that Tunisian inheritance law is respected[1].
The procedure for registering heirs on the land title is as follows:
The registration by name of property rights resulting from the opening of a succession is made by the registrar on the basis of the death certificate and an extract from the death certificate sent to him by the public prosecutor or the cantonal judge in accordance with law no. 1957-3 of August 1, 1957 regulating civil status[2].
Legal heirs include:
- Direct descendants (children and grandchildren);
- The surviving spouse;
- Ascendants (parents, grandparents);
- Collateral heirs (brothers, sisters, cousins);
Under Tunisian law, in the event of death outside Tunisia, if the Tunisian consular authorities are unable to draw up the death certificate, the foreign authorities may do so in accordance with the procedures in force in the country where the death occurred, provided that Tunisian inheritance law is respected[1].
The procedure for registering heirs on the land title is as follows:
The registration by name of property rights resulting from the opening of a succession is made by the registrar on the basis of the death certificate and an extract from the death certificate sent to him by the public prosecutor or the cantonal judge in accordance with law no. 1957-3 of August 1, 1957 regulating civil status[2].
Legal heirs include:
- Direct descendants (children and grandchildren);
- The surviving spouse;
- Ascendants (parents, grandparents);
- Collateral heirs (brothers, sisters, cousins);
To obtain the necessary documents:
Complete the declaration of inheritance form, listing all heirs, their identities and shares, the value of the estate and the date of death.
Submit a certified copy of the deed of death and three completed copies of the declaration of inheritance.
The heir may be asked to legalize his signature on the declaration of inheritance. A receipt will be issued within 24 hours of registration[1].
B. Protection through the land registry system
Land registration is the main legal guarantee for real estate. Registration is an operation carried out at the land registry. Real estate is registered in the land register under whose jurisdiction it falls[1].
The registration procedure falls within the jurisdiction of the Real Estate Court (articles 338 to 357 of the code of property rights).
The Land Registry is responsible for drawing up land titles in execution of judgments ordering registration. It is also responsible for updating land titles and issuing title deeds, certificates and other documents.
Property court rulings ordering registration are enforceable in accordance with the Code of Civil and Commercial Procedure (article 334 of the code of property rights)[2].
In addition, certain agricultural properties owned by Tunisian Jews, who are often confused with foreigners, have been transferred to the State’s private domain in accordance with the provisions of article 3 of law no. 64-5 of May 12, 1964 relating to agricultural property in Tunisia[1].
Accordingly, any person aggrieved by the nationalization of agricultural land under this law must, before bringing an action before the administrative court, make a prior application to the Minister of State Domains and Land Affairs. This is to contest the nullity of the land title and recover the property that has been confiscated by the State[2].
Thus, this involves making a prior appeal to the administration that made the decision (the Minister of State Domains and Land Affairs). In this case, the time limits for appealing on grounds of ultra vires are interrupted.
However, silence on the part of the authority concerned for a period of two months from the lodging of the prior administrative complaint is deemed to constitute an implicit decision of refusal[1].
In this case, the person wishing to challenge the administrative act ordering the transfer of ownership of the property to the State represented by the Tunisian national real estate company may refer the matter to the administrative court, within two months of the expiry of the said period. Where applicable, and concerning decisions dependent on periodic deliberations, the aforementioned time limit is extended to the month following the first legal session of the deliberative assembly concerned, held after the lodging of the prior administrative complaint[2].
In this case, the appeal is for the annulment of acts taken in administrative matters, and more specifically in this case of the administrative act taken under the aforementioned law in land matters.
Regarding procedure:
The petition initiating proceedings, the conclusions, briefs, written evidence and any other documents submitted by the parties are filed with the clerk’s office of the administrative tribunal. The said documents may, however, be sent to the clerk’s office of the administrative tribunal by registered letter with acknowledgement of receipt[1].
Need Help Reclaiming Property in Tunisia?
If you or your family are seeking to recover property in Tunisia or need guidance through the legal procedures outlined in this article, the most reliable and efficient approach is to consult with a legal expert who specializes in this field.
We highly recommend contacting Maître Mounir Baatour, a lawyer experienced in Tunisian property law and international inheritance matters.
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