In light of recent regulatory developments related to proposals to amend the legal framework for commercial leases, particularly the move toward abolishing the so-called “right of vacancy,” and the resulting tension within commercial circles, protesting what was seen as a direct threat to the stability of contractual privileges, the Syrian Future Movement’s Economic Bureau clarifies the following:
First, the principled position:
The Syrian Future Movement emphasizes that the policy of dealing with historically extended contractual frameworks, including the “right to vacate,” cannot be managed through legislative shock or non-consensual decisions, given the direct negative impact this has on commercial and credit stability, the principle of economic and investment security, and the smooth running of real estate and commercial obligations imposed by thousands of active private sector units.
Second, the conceptual framework:
The “right to vacate” represents a cumulative legal-economic reality, arising from an expansive legislative environment biased toward the tenant, and enshrined in customs and contractual relations within the commercial real estate market. Therefore, its removal or modification should be undertaken within the following framework:
- Gradual transitional legislative interview
- Cost-opportunity analysis methodology(cost-benefit analysis.)
- Estimating the cumulative economic value of acquired user rights (Capitalized User Rights)
Third, procedural proposals:
The Syrian Future Movement’s Economic Bureau calls for the formation of an expanded, participatory advisory body that includes:
- The Supreme Fatwa Council, to address the jurisprudential dimension of the principle of benefit and acquired rights.
- Judges specializing in civil and commercial matters and the Syrian Bar Association, to ensure the constitutionality of procedures and their compliance with the principle of stability of legislation and contracts.
- Real estate and financial economic experts, to conduct a quantitative and financial assessment of the impact of the proposed decisions on the gross domestic product and the money supply in the trade sector.
- Chambers of Commerce and Industry, to ensure the participation of affected parties in formulating alternatives.
- The Judicial Committee at the Ministry of Justice, to incorporate the outcomes into a coherent and neutral legislative framework.
Fourth, the principles that should govern the process:
- Legislation is progressive in accordance with the principle of functional balance between the parties to the economic relationship.
- Not compromising the security of leased property without fair compensation or an interim settlement
- Adopting real estate policies based on incentives rather than partial cancellation
- Creating a compensatory financing mechanism that ensures a fair transfer of beneficial ownership (Functional Property Transfer) without harming the weaker party contractually.
The Syrian Future Movement emphasizes that any approach to this issue must be rational, participatory, and based on economic evidence and a comparative analysis of similar international experiences. We renew our commitment to a rational economic policy that supports individual rights, maintains market balance, and ensures the continuity of the business environment without sudden legislative or legal burden.
