The President of the General Legislation Committee at the Assembly of the Representatives of the People, Yasser Gourari, presented the main provisions of the draft law concerning the regulation of the notarial profession. The proposal sparked significant debate, particularly over a clause that would allow amicable divorce contracts to be formalized before notaries, bypassing judicial procedures.
In a statement to Tunis Numérique, Gourari explained that the Committee has begun reviewing the draft law, which aims to comprehensively regulate the notarial profession. Article 26 of the text outlines the responsibilities assigned to notaries, notably expanding their scope of intervention, especially in matters of legal documentation and evidence.
One such proposed expansion includes allowing notaries to draft acts of mutual consent divorce — a measure still under consideration.
Gourari noted that the project is currently under review and that a series of hearings has commenced. These include consultations with the body that initiated the legislative proposal and with the National Order of Notaries, represented by its president, during a meeting held on Thursday.
The Committee’s discussions focused primarily on this controversial provision, which touches on overlapping responsibilities shared by lawyers, accountants, and notaries. Representatives from these professional groups argue that such an extension would infringe upon their established prerogatives. Consequently, several MPs have called for a revision and limitation of notarial powers to prevent potential overreach.
Another major point of contention was the specific issue of notaries officiating amicable divorces. The majority of MPs — including the Committee President — rejected this proposal. They argue that it could undermine the Personal Status Code and jeopardize achievements in women’s rights and the protection of Tunisian families. This rejection comes despite arguments from the proposal’s supporters, who present it as a progressive reform already in practice in countries like France.
Yasser Gourari reaffirmed the Committee members’ firm stance: they are unequivocally opposed to this direction. The National Order of Notaries has been explicitly urged to remove this provision from the draft law. Failing that, MPs have threatened to vote against the measure and strike it from the list of notarial responsibilities.
Finally, Gourari emphasized the inviolability of the Personal Status Code’s gains, particularly regarding marriage and divorce, which must remain under the exclusive jurisdiction of the judiciary. He also noted that the adoption of the draft law will not happen immediately due to its complexity and breadth — it includes no fewer than 116 articles. The disputed provision in Article 26 represents just one aspect among dozens addressed in the bill.
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