القانون المدني باللغه الانجليزيه و اقتراح بالاسهام في مشاركات قانونيه بالغه الانجليز

[•||Medhat Karram||•]

الساده الاساتذه الزملاء
تحيه الي كل من يبذل من وقته و لو دقيقه في اثراء هذا التجمع القانوني الرائع
و يشرفني ان اعرض علي سيادتكم فكرة
لا يخفي علي الساده الاساتذه ذلك الاهتمام الدولي المتسارع و بحق نحو توفير الجو القانوني المناسب للتجاره الدوليه و حيث اننا كمجتمعات عربيه في امس الحاجه الي ان ننفض رؤسنا من الاختباء في الماضي فانني ادعوا الي الاهتمام باللغه الانجليزيه القانونيه فكثيرا من المعاملات القانونيه الدوليه ذات الثقل تتم باللغه الانجليزيه و لا يجوز ان نكون بمعزل عما يجري في العالم من حولنا و ادعوا الاخوه الزملاء الي البدء في تنمية اللغه الانجليزيه القانونيه و التي بالتاكيد لها اصولها التي لا تنطبق علي اساليب اللغه العاديه بين الناس فلغة القانون هي لغه احترافيه لها مصطلحاتها شأن اي مهنه يسهل علي ممتهني القانون فقط فهمها و التعامل معها
و حيث ان معظم العقود الدوليه اصبحت تتم الان باللغه الانجليزيه و بالطبع اغلبنا قرا القانون المدني مرات باللغه العربيه فان كان يسهل علي بعضنا ان يقرا الانجليزيه التخاطبيه فان هو استعان بنصوص القانون المدني باللغه الانجليزيه فسيثري ذلك من قدرته علي فهم و استيعاب اللغه القانونيه الانجليزيه لديه كونه يستطيع ان يخمن المعني فيما لو عصي عليه لفظ و سيخرج بكم هائل من المسطلحات القانونيه فيما يصلح لان يكون لبنته الاولي نحوا اختراق هذا الباب الموصد الذي كلنا في امس الحاجه اليه حيث لم نعد كالسابق بمعزل عن المجتمعات البعيده بل ان هذه المجتمعات اصبحت تتفاعل مع مجتمعاتنا اقتصاديا بصوره ملحوظه و قد تغير وجه العالم فعلا عندما اخذت الدول بالتوحد اخير حول موضوع دولي ذو طابع غير سياسي وهو موضوع التجاره الدوليه و ما نتج عنها من انشاء لجنة الامم المتحده للقانون التجاري فيما يعرف باليونسيترال و منظمة التجاره العالميه WOT


لذا املا في ان اسهم بشيء بسيط في اثراء هذا المنتدي الرائع
اضع بين اخواني و زملائي الساده المحامين ترجمه للقانون المدني المصري بالانجليزيه و ليس المقصود منها الا ان نبدا جميعا في تعلم اللغه القانونيه العالميه
The Arab Republic Of Egypt

THE CIVIL CODE

In Case Of Any Discrepancy, The Arabic Version Of This Law
Shall Prevail

THE CIVIL CODE

PRELIMINARY CHAPTER

GENERAL PROVISIONS
Section I Laws and their Applications
1. Laws and Rights

Article 1

Provisions of laws govern all matters to which these provisions 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 the rules of equity.

Article 2

A 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 3

Periods of limitation will be calculated according to the Gregorian calendar, unless expressly provided otherwise by a law.

Article 4

A person legitimately exercising his rights is not responsible for prejudice resulting thereby.

Article 5

The exercise of a right is considered unlawful in the following cases:

a) if the sole aim 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 Laws

Conflicts of Law as to Time

Article 6

Legislative provisions as regards the legal 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 legal incapacity does not affect the validity of acts previously done by him.

Article 7

New legislative provisions as regards pre************************ion apply from such time as they come into force in all cases in which the period of pre************************ion has not been completed.

Former legislative provisions however, apply as regards the date of commencement of pre************************ion, its suspension and its interruption in respect of the period prior to the application of the provisions of the new law.

Article 8

When the new law provides for a period of pre************************ion shorter than the period provided for in the former law, the new period will apply from the date the new law came into force, even if the old period of pre************************ion 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 pre************************ion shall be completed upon the expiry of such remaining period.

Article 9

Proof 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 Place

Article 10

Egyptian law will rule to determine the nature of a legal relationship in order to ascertain the law applicable in the event of a conflict between various laws in any particular suit.

Article 11

The 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 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 status 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, Egyptian law will be applied.

Article 12

The fundamental conditions relating to the validity of marriage are governed by the (national) law of each of the two spouses.

Article 13

The effects of marriage, including its effects upon the property of the spouses, are regulated by the law of the country to which 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 the commencement of the legal proceedings.

Article 14

If, 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 15

Obligations as regards payment of alimony to relatives are governed by the (national) law of the person liable for such payment.

Article 16

The (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 forms of protection of persons without legal capacity and of absent persons.

Article 17

Inheritances, 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 governed 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 18

Possession, ownership and other real rights are regulated, as regards immovable, by 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 19

Contractual Obligations are governed 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 apply another law.

Contracts relating to immovable, however, are governed by the law of the place in which the immovable is situated.

Article 20

Contracts 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 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 21

Non-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 obligation 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 22

Principles of competence of courts 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 23

The provisions of the preceding articles only apply when no provisions to the contrary are included in a special law or in an International Convention in force in Egypt.

Article 24

The 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 25

In the case of a person of unknown nationality or of a person of plural nationality the law to be applied will be decided 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 26

When, in accordance with the preceding provisions, it appears that the 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 27

In the cases where a foreign law is applicable only the internal provisions of such foreign law shall apply to the exclusion of provisions relating to private international law.

Article 28

The 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 Persons
1. Individuals

Article 29

Legal personality commences from the 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 30

Birth 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 registers is established, proof may be established by any other means.

Article 31

Registers of and declarations connected with births and deaths are regulated by a special law.

Article 32

Missing person and absent persons are subject to provisions contained in special laws; in the absence of such special laws, Moslem law will be applied.

Article 33

Egyptian nationality is governed by a special law.

Article 34

The family of a person is composed of his relatives. Persons having a common ascendant are deemed to be relatives.

Article 35

Direct 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 36

The degree of relationship will be calculated, as regards direct lineal relationship, by ascending to the common ancestor and counting each relative excluding the common ancestor. The degree of relationship will be calculated, as regards collateral relationship by ascending from the descendant to the common ancestor, then descending to the other descendant. Each relative, excluding the common ancestor counts for one degree.

Article 37

The relatives of either of the two spouses are deemed to be relatives of the other spouse, in the same line and of the same degree.

Article 38

Every person must have a first name and a family name. The family name of a person is bestowed upon his children.

Article 39

Acquisition and change of family name will be governed by special legislation.

Article 40

A domicile is the place where a person habitually resides.

A person may have more than one domicile at the same time, as he may have none.

Article 41

The place where a person exercises a trade or profession is considered as his domicile as regards matters carried on in connection with such trade or profession

الموضوع الأصلي: القانون المدني باللغه الانجليزيه و اقتراح بالاسهام في مشاركات قانونيه بالغه الانجليز || الكاتب: Medhat Karram || المصدر: منتديات بانى ستار

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