Legal Protection of Good-Faith Third Parties in Unregistered Real Estate Transactions under Libyan Law

Abstract

This research explores the legal protection of third parties acting in good faith in unregistered real estate transactions under Libyan law—a topic of critical importance given the challenges facing Libya’s property registration system. The central question addressed is: Can a third party who acts in good faith, relying on the apparent legal status of a property, be protected against a prior unregistered transaction?

The study begins by clarifying key legal concepts such as real estate transactions and the principle of good faith. It then analyzes the Libyan legislative framework, judicial practices, and cases of conflicting property rights. A comparative review of Arab and international legal systems is also included. The findings reveal that legal protection for good-faith third parties in Libya remains limited and heavily dependent on registration, highlighting the need for legislative and administrative reform.

The research concludes with several recommendations: amending legal provisions to better protect good-faith actors, modernizing the property registration system, promoting legal awareness among citizens, and establishing specialized judicial mechanisms to handle property disputes with a human-centered approach.