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Translated legal texts

Translation of articles related to the international jurisdiction of Syrian courts in the Syrian Code of Procedure Legislative Decree No. 84 dated 28 September 1953
                     Section II - International Jurisdiction (Articles 3-10)
Article 3
Syrian courts will have jurisdiction when the defendant is a foreigner domiciled in Syria.
Article 4
Syrian courts will have jurisdiction when the defendant is a foreigner not domiciled in Syria if:
He has a chosen domicile in Syria.
The matter is related to movables or to immovable property situated in Syria or to a contract concluded, fulfilled or a contract which is to be fulfilled in Syria, or when the matter is related to an event which occurred in Syria.
The matter is related to succession- or bankruptcy procedures initiated in Syria.
d. One of the defendants is domiciled in Syria.
Article 5
Syrian courts will have jurisdiction when the matter is related to the guardianship of assets when the minor or the person subject to incapacitation procedure is a foreigner domiciled in Syria, or when the last domicile of a missing person was in Syria.
Article 6
Syrian courts will have jurisdiction in succession matters when:
Syria was the last domicile of the deceased
One or all of the defendants are domiciled in Syria
All or some of the property of the deceased is situated in Syria and the latter was Syrian or all the beneficiaries or some of them are Syrians
All or some of the property of the deceased is situated in Syria and the court where the succession procedure is to be initiated has no jurisdiction according to the law it applies.
Article 7
When the defendant has no domicile in Syria, Syrian courts will have jurisdiction when:
The matter is related to an objection to a marriage, if this marriage is to be concluded in Syria.
The matter is related to separation, divorce or revocation of a marriage when the plaintiff is the wife who lost the Syrian nationality but is domiciled in Syria, or when the plaintiff is the wife domiciled in Syria when the action was brought against the husband who had a domicile in Syria but abandoned his wife and domiciled abroad after the occurrence of the reason for separation, divorce or revocation.
The matter is related to maintenance of the mother, wife or the minor, when they are domiciled in Syria.
The matter is related to the parental relationship of a minor domiciled in Syria or when the matter is related to the guardianship, its limitation, its cessation or its retrieval.
When the plaintiff is Syrian or domiciled in Syria, when the domicile of the defendant abroad is unknown or when the Syrian law is to be applied on the subject matter of the case.
Article 8
Syrian courts can pass a verdict in cases where they have no jurisdiction according to the previous provisions, but the defendant submits explicitly or implicitly to their jurisdiction.
Article 9
Syrian courts will have jurisdiction in taking precautionary measures in Syria regardless of the fact that they do have no jurisdiction in the main procedure.
Article 10
When the matter is related to a personal status case and is within the jurisdiction of Syrian courts, these courts are competent to decide over any counterclaim brought by the defendant and over any claim connected to the case, when a decision upon this claim is required by the proper implementation of justice.

When the matter is related to a civil or a commercial case and is within the jurisdiction of the Syrian courts, these courts are competent to decide over any ancillary matter related to the personal status of foreigners when they are subject to a civil law.


 

 

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