埃及民法典.docx

1、埃及民法典THE CIVIL CODE Of The Arab Republic Of EgyptIn Case Of Any Discrepancy, The Arabic Version Of This Law Shall Prevail THE CIVIL CODEPRELIMINARY CHAPTERGENERAL PROVISIONSSection I Laws and their Applications1. Laws and RightArticle 1Provisions of laws govern all matters to which these provisions

2、apply in letter or spirit.In the absence of a provision of a law that is applicable, the Judge will decide according to custom and in the absence of custom in accordance with the principles of Moslem Law. In the absence of such principles, the Judge will apply the principles of natural justice and t

3、he rules of equity.Article 2A provision of a law can only be repealed by a subsequent law expressly providing for such repeal, or containing a provision inconsistent with a provision of the former law or regulating anew a matter previously regulated by a former law.Article 3Periods of limitation wil

4、l be calculated according to the Gregorian calendar, unless expressly provided otherwise by a law.Article 4A person legitimately exercising his rights is not responsible for prejudice resulting thereby.Article 5The exercise of a right is considered unlawful in the following cases:a) if the sole aim

5、thereof is to harm another person;b) if the benefit it is desired to realize is out of proportion to the harm caused thereby to another person;c) if the benefit it is desired to realize is unlawful.2. The Application of LawsConflicts of Law as to TimeArticle 6Legislative provisions as regards the le

6、gal capacity of a person are applicable to all persons who fulfill the conditions embodied in such provisions.When a person, who was deemed to possess legal capacity in accordance with the provisions of a former law, becomes legally incapable in accordance with the provisions of a new law, such lega

7、l incapacity does not affect the validity of acts previously done by him.Article 7New legislative provisions as regards prescription apply from such time as they come into force in all cases in which the period of prescription has not been completed.Former legislative provisions however, apply as re

8、gards the date of commencement of prescription, its suspension and its interruption in respect of the period prior to the application of the provisions of the new law.Article 8When the new law provides for a period of prescription shorter than the period provided for in the former law, the new perio

9、d will apply from the date the new law came into force, even if the old period of prescription has already commenced to run.If, however, the remaining period still to run under the former law is shorter than that fixed by the new law, the prescription shall be completed upon the expiry of such remai

10、ning period.Article 9Proof established in advance is governed by provisions of the law in force at the time when the proof was established or at the time when such proof should have been established.Conflicts of Law as to PlaceArticle 10Egyptian law will rule to determine the nature of a legal relat

11、ionship in order to ascertain the law applicable in the event of a conflict between various laws in any particular suit.Article 11The status and the legal capacity of persons are governed by the law of the country to which they belong by reason of their nationality. If, however, in a transaction of

12、a pecuniary nature, concluded and having effect in Egypt, one of the parties is a foreigner without legal capacity and such lack of capacity is due to a reason that is not apparent and which cannot be easily detected by the other party, this reason has no effect on his legal capacity.The legal statu

13、s of foreign juristic persons such as companies, associations, foundations, or others, is subject to the law of the State in whose territory such juristic persons have established their actual principal seat of management. If, however, a juristic person carries on its principal activities in Egypt,

14、Egyptian law will be applied.Article 12The fundamental conditions relating to the validity of marriage are governed by the (national) law of each of the two spouses.Article 13The effects of marriage, including its effects upon the property of the spouses, are regulated by the law of the country to w

15、hich the husband belongs at the time of conclusion of the marriage.Repudiation of marriage is governed by the law of the country to which the husband belongs at the time of repudiation, whereas divorce and separation are governed by the law of the country to which the husband belongs at the time of

16、the commencement of the legal proceedings.Article 14If, in the cases provided for in the two preceding articles one of the two spouses is an Egyptian at the time of the conclusion of the marriage, Egyptian law alone shall apply except as regards the legal capacity to marry. Article 15Obligations as

17、regards payment of alimony to relatives are governed by the (national) law of the person liable for such payment.Article 16The (national) law of a person who should be protected shall apply in respect of all fundamental matters relating to natural and legal guardianship, receivership, and other form

18、s of protection of persons without legal capacity and of absent persons.Article 17Inheritances, wills and other dispositions taking effect after death are governed by the (national) law of the de cujus, the testator or the person disposing of property at death.The form of a will, however, is governe

19、d by the (national) law of testator at the time the will is made, or by the law of the country in which the will is made. The same principles apply to the form of other dispositions taking effect after death.Article 18Possession, ownership and other real rights are regulated, as regards immovable, b

20、y the law of the place in which the immovable is situate, and as regards movables, by the law of the place where the movable was situate at the time when the event occurred which resulted in the acquisition or loss of possession, ownership or other real rights.Article 19Contractual Obligations are g

21、overned by the law of the domicile when such domicile is common to the contracting parties, and in the absence of a common domicile by the law of the place where the contract was concluded. These provisions are applicable unless the parties agree, or the circumstances indicate that it is intended to

22、 apply another law.Contracts relating to immovable, however, are governed by the law of the place in which the immovable is situated.Article 20Contracts between living persons are governed as regards their form by the law of the country in which the contracts are concluded. They may also be governed

23、 by the law regulating the basic provisions of a contract, by the law of the domicile of the parties or by their common national law.Article 21Non-contractual obligations are governed by the law of the State in whose territory the act that gave rise to the obligation took place.When, however, the ob

24、ligation arises from a tort, the provisions of the preceding paragraph shall not apply to an act which occurred abroad and which, although considered unlawful in accordance with the law of the country in which the act occurred, is considered lawful in Egypt.Article 22Principles of competence of cour

25、ts and all questions of procedure are governed by the law of the country in which the action is brought, or in which the proceedings are taken.Article 23The provisions of the preceding articles only apply when no provisions to the contrary are included in a special law or in an International Convent

26、ion in force in Egypt.Article 24The principles of private international law apply in the case of a conflict of laws for which no provision is made in the preceding articles.Article 25In the case of a person of unknown nationality or of a person of plural nationality the law to be applied will be dec

27、ided by the Judge.Egyptian law shall apply, however, if a person is deemed in Egypt to be of an Egyptian nationality and is at the same time deemed by one or more foreign states to be a national of that or those states.Article 26When, in accordance with the preceding provisions, it appears that the

28、law to be applied is the law of a state in which several legal systems exist, the law applicable shall be determined by the internal law of that state.Article 27In the cases where a foreign law is applicable only the internal provisions of such foreign law shall apply to the exclusion of provisions

29、relating to private international law.Article 28The provisions of a foreign law applicable by virtue of the preceding articles shall not be applied if these provisions are contrary to public policy or to morality in Egypt.Section II Persons1. IndividualsArticle 29Legal personality commences from the

30、 time a child is born alive and ends at death.The law, however, determines the rights of a child en ventre de sa mere.Article 30Birth and death are established by means of official registers specially kept for this purpose.In the absence of such proof, or if the inaccuracy of the entries in these re

31、gisters is established, proof may be established by any other means.Article 31Registers of and declarations connected with births and deaths are regulated by a special law.Article 32Missing person and absent persons are subject to provisions contained in special laws; in the absence of such special

32、laws, Moslem law will be applied.Article 33Egyptian nationality is governed by a special law.Article 34The family of a person is composed of his relatives. Persons having a common ascendant are deemed to be relatives.Article 35Direct lineal relationship is the relationship existing between ascendants and descendants.Collateral relationship is the relationship existing between persons who have a common ascendant without one of them being a descendant of the other.Article 36The degree of relations