|
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.
|