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SET OF LAWS ON PERSONAL STATUS

Region: Egypt
Created: Nov 22, 2010, modified: Jan 13, 2012, overall rating: 2.667
SET OF LAWS ON PERSONAL STATUS
 (25/1920, 25/1929, TO MAY2008)

Concerning the provisions of the alimony and some personal status issues    
Part - 1:    On the alimony    ,    
Section - 1:    On the alimony and on the idda    
Section - 2:    Failure to pay the alimony    
Part – 2: On the missing person.............................................................................
Part – 3: On separation for defect………………………………………………..
Part – 4: On sundry provisions…………………………………………………...

Decree-Law No. 25 Of The Year 1929:
Concerning certain personal status provisions    
(1)    Divorce    ;:'    
(2)    Discord between the spouses and ruling the divorce for harm sustained    
(3)    Ruling the divorce for husband's absence or imprisonment....
(4)    Action for legitimation    ,    
(5)    Alimony and idda    
(6)    The dowry    
(7)    Age of custody    
(8)    The missing person    
(9)    General provisions.    

Completion of law...No. 100 of the year 1985 amending some
provisions of the personal status Jaws……………………………………….

Promulgating the law on reorganization of certain matters and
procedures of litigation in personal status issues    
Part - 1:    General provisions    
Part - 2;    Courts' jurisdiction in personal status matters    
Chapter - 1:    Specific jurisdiction    
Chapter - 2;    Local jurisdiction    
Part - 3:    Lodging and trying the action    
Chapter - i:    Matters of guardianship on persons    
Chapter - 2:    Guardianship on property.    
Part - 4: Court decisions and rulings and appealing against them..
Part - 5:    Executing the rulings and decisions    

Al-Wakaye AI-Mesreya / Government Bulletin - Issue No.'61 - Dated
15th Of July 1920

Law No. 25 Of The Year 1920

The Provisions of the Alimony and Some Personal Status issues
Amended By Laws Nos. 25/1929 And 100/1985
After the preamble

WE DECREED THE FOLLOWING

PART ONE
On the Alimony

Section 1. On the Alimony and on the Idda

Article 1
The alimony shall be the wife's right and due on her husband, from the authentic date of the contract if she shall have given herself to him in marriage even if virtually, and despite her being wealthy or different from him in religion.

The wife's illness shall not prevent her from being entitled to the alimony.

The alimony shall include feeding, clothing, housing and medical care expenses and otherwise as shall be stipulated upon in the Islamic Law.

The alimony shall not be the wife's due if she defects from religion, or if she refrains from giving herself to him voluntarily without right, or if she shall be compelled to that due to a reason which is not from the husband's part, or if she left without her husband's permission.
A waiting period during which a divorcee may not marry another due to the possibility of revoking the divorce.
Substituted as per Law No. 100/1985.

If she gets out of the matrimonial house without her husband's permission in those circumstances stipulated upon in the Islamic Law, or those in practice or if dictated by necessity, that shall not be considered a reason for the lapse of the wife's alimony. That shall also apply to her going out for legitimate work, unless it is evidenced or revealed that her avail of this conditional right is blemished 6 by misusing the right, or is against the interest of the family, and the husband had requested her to refrain from it.

The wife's alimony shall be considered a debt due on the husband, from the date he refrained from supporting her while such alimony is due, and shall not lapse except by either payment or acquittal

The alimony lawsuit shall not be heard in relation to a past period for more than one year, the end of which shall be the date of having filed the lawsuit.

It shall not be accepted from the husband to offset the wife's alimony against a debt due on her to him, except in relation to what exceeds her necessary needs and requirements.

The alimony due to the divorcee shall be considered a debt, as prescribed in the preceding Article, from the date of the divorce.
The wife's alimony debt shall have a privilege right over and above all the husband's funds, and it shall have the priority over his other debts and expenses.

Corrected by the rectification published in the Official Journal - Issue Mo. 33 - Dated 15/8/1985. Cancelled as per Law No. 25/1929.

Article 2
The alimony due to the divorcee shall be considered a debt, as prescribed in the preceding Article, from the date of the divorce.

Section - 2 Failure to pay the alimony
Corrected by the rectification published in the Official Journal - Issue Mo. 33 - Dated 15/8/1985. Cancelled as per Law No. 25/1929.

Article 3
Cancelled
 
Article 4
If the husband refrains from spending on his wife, and he has tangible property, an. alimony ruling shall be passed and executed from his money. If he does not have tangible property, and he did not state whether he is insolvent or wealthy, but insisted on not providing expenditure, the judge shall instantly pronounce a divorce sentence. If he claims insolvency without proving it, divorce shall be sentenced immediately. If he proves it, he shall be granted an interval not more than one month. If he does not support her after that, divorce shall be sentenced.

Article 5
If the husband is absent in a near place, and he has tangible property, the alimony judgement shall be executed from his money. If he does not have tangible property, he shall be excused by the judge by those acknowledged methods and shall be granted an interval of time. If he does not send whatever his wife requires for spending on herself, or if he does not come to support her, the Judge shall pronounce a divorce sentence after the expiry of the time limit.

If he is absent in a distant place, or if his location of stay is unknown, or if he is lost, with proof that he has no money for the expenditure of the wife, the Judge shall then pronounce a divorce sentence.

The provisions of this Article shall apply to the prisoner who shall be made insolvent by the alimony.

Article 6
The judge's divorce sentence, for non-expenditure may be revoked. The husband shall be entitled to return his wife back if his wealth is proved and if he is prepared to support her during the idda. If his wealth is not proved, and he is ready for the support, the divorce shall not be revoked.

ON THE MISSING PERSON

Article 7
Cancelled

Article 8
If the missing person returns back, or does not return back, and it transpired that he is alive, then his wife shall remain his legal spouse unless she gets married to another man, unaware that her first husband is alive, and they have not consummated their marriage yet. In case they consummated their marriage, unaware that her first husband is alive, she shall be for her second husband, provided that their marriage contract was not concluded while she was observing her idda; the prescribed waiting period during which a widow may not marry another,

Article 9
The wife shall be entitled to ask for separation between her and her husband, if she found or discovered in him a deep-rooted defect, of which he could not be cured, or which could be cured after a long period, and due to which she could not reside and live with him except with presence of harm such as insanity and leprosy, whether that defect was in the husband before the marriage without her knowing of it, or it had occurred after the marriage without her accepting it. If she married him while being aware of the defect, or if the defect took place after the marriage and she accepted it overtly or implicitly after her awareness thereof, then separation shall be impermissible.

Article 10
Cancelled

Article 11
Separation due to blemish or defect is an irrevocable divorce.
Recourse to those who are experienced in the blemishes and defects for which the revocation of marriage is asked, shall take place.

Article 12
Cancelled

Article 13
The Minister of Justice shall implement this Law, which shall come into force as of the date of its publication in Al-Wakaye AI-Mesreya.
Issued at Ras El-Tin Palace on the 25th of Shawal 1338 (Islamic Calendar), corresponding to the 12th of July 1920 (Gregorian Calendar).



Al-Wakave Al-Mesreya / Government Bulletin - Issue No, 27 Dated 25th Of March 1929

Decree-Law No. 25 Of The Year 1929 Concerning Certain Personal Status Provisions As Amended By Laws Nos. 100/1985 And 2/2006
After the preamble,
WE DECREE THE FOLLOWING

(1)    Divorce
Article 1
A divorce which takes place by an inebriated or a coerced divorce shall not be valid.

Article 2
A non-consummate divorce shall not be valid if it is only meant to force doing or desisting from doing something.

Article 3
A divorce which is pronounced coupled with a number or sign shall only take place as a single divorce.

Article 4
Divorce metonymies which bear probabilities of divorce shall result in divorce only if they are meant as a divorce.

Article 5
All divorce shall be revocable except a divorce that takes place for a third time, and a divorce that occurs before consummation of marriage, and also a divorce taking place in return for money, and all what is termed as irrevocable divorce under the present law No. 25 of the year 1920.

Article 5 bis
The divorce shall notarize his divorce attestation at the Notary Office of Jurisdiction, within thirty days from the date of divorce.

The divorcee shall be considered as being aware of the divorce if she attends the notarization of the divorce attestation. If she does not attend it, the notary shall notify her with the divorce, via a bailiff. The Notary shall also deliver to the divorce or her representative a copy of the divorce attestation, according to the procedures whereby a decree shall be issued by the Minister of Justice.
The effects of divorce shall take place from the date of its occurrence, unless the husband conceals the fact of such divorce from the wife, in which case the effects thereof, in terms of inheritance and other financial rights, shall not take place except from the date she learns of her divorce.

(2) Discord Between The Spouses And Ruling The Divorce For Harm Sustained
Article 6
If the wife claims being harmed by her husband such that it would be impossible to continue living together as spouses, she may then resort to the Court and seek a ruling for disuniting and separating them. The Court shall then issue a ruling announcing her as irrevocably divorced, if the harm caused to her is established, and the Court has been unable to bring about a reconciliation between them. If her request is refused by the Court and the complaint keeps recurring, without the harm, being established, the Court shall then appoint two arbitrators, and pronounce its ruling in the way prescribed in articles (7, 8, 9, 10 and 11).

Article 7
The two arbitrators shall be equitable and fair, and kins of the spouses if possible, or from among others, and shall be acquainted with their situation and have the ability to bring about reconciliation between them.
A)    The decision to appoint the two arbitrators shall comprise the date of beginning and terminating their assignment, providing it shall not exceed a period of six months. The Court shall notify the arbitrators and the litigants of such appointment and date of the assignment, and shall also administer the oath to the two arbitrators that they will both fulfill their assignment fairly and equitably.
B)    The Court may grant the two arbitrators only one extension of the period, which shall not exceed three months, and if they fail to submit their report, the Court shall then consider them as being in disagreement.
    
Article 8
Cancelled

Article 9
The process of the arbitrators' work shall not be affected by the refraining of either spouse to attend the arbitration session, once such spouse has been notified of holding the session.

The arbitrators shall identify the causes of the discord arising between the two spouses, and shall exert their utmost effort to bring about a reconciliation between them by all possible means.

7/V/rg arbitrators fail to bring about a reconciliation between the spouses:
1)    If the wrongdoing and Ill-treatment is wholly on the part of the husband, the two arbitrators shall suggest and recommend a single irrevocable divorce without affecting any of the wife's rights resulting from marriage and divorce.
2)    If the wrongdoing and Ill-treatment is wholly on. the part of the wife, the arbitrators shall suggest and recommend the divorce, in exchange for a commensurate return to be estimated by the arbitrators and to be complied with by the wife13.
3)    If the ill-treatment is mutual, the arbitrators shall then suggest and recommend the divorce against no return or in exchange for a return commensurate with the ill-treatment.
4)    If the truth about the cause of discord remains unknown and the wrongdoing spouse is not identified, the arbitrators shall suggest and recommend the divorce between the spouses without any thing in return.

Article 10
Cancelled

Article 11
The two arbitrators shall submit their report to the court, comprising the reasons and justifications on which the report is based. If they are found to be in disagreement, the court shall then provide them with a third arbitrator having experience of the situation arising between the spouses, and the ability to bring about a reconciliation between them. The court shall administer the oath to the third arbitrator, as prescribed in article (8). If the three arbitrators do not reach an agreement and fail to submit their report on the date specified for them, the court shall then proceed with providing the evidence of the whole situation.

If the court fails to bring about a reconciliation between the two spouses, and it transpires to it'; that it will be impossible for the spouses to continue living with one another, and that the wife still insists on divorce, the court shall issue its judgment by ruling a single irrevocable divorce, but the wife shall forfeit its financial rights wholly or partially, and shall pay a suitable compensation if so necessary.

Article 11 Bis
The husband shall declare his marital status, in the marriage contract. If he is already married, he shall mention in his declaration the name of his covert wife or wives, and their residence places. The notary shall notify these wives of the new marriage, by registered letters with acknowledgement of receipt.

A wife whose husband gets married to another wife may ask for divorce from him, if such new marriage causes her a physical or moral harm making it impossible for both of the spouses to live any longer with each other, even if she might not have stipulated in the marriage contract that he shall not marry another wife.

If the court fails to bring about a reconciliation between them it shall then make a judgment ruling a single irrevocable divorce. The wife's right to ask for divorce for that reason shall be forfeited with the lapse of one year from the date she learns of his marriage to another wife, unless she has consented to that, explicitly or implicitly. Her right to ask for divorce shall be renewed each time the husband marries another wife.

If the new wife is unaware of his being married to another wife before, then discovers that, she will have the right to ask for divorce.

Article 11 Bis-1
If the wife refrains from obeying the husband unjustifiably and without any right, the wife's alimony shall be discontinued from the date of disobedience.

A wife shall be considered as refraining from obedience to her husband if she does not return to the matrimonial house after her husband calls her to return by serving on her person or on her proxy, a notice via a bailiff. Ä??Ä?Äž shall indicate the location of the matrimonial house, in this notice.

The wife shall have, the right to object to such notice before the court of first instance, within thirty days from the date of the notice served on her. In her petition of objection, she shall indicate the lawful sides on which her refraining from submission to him is based; otherwise a court ruling shall be issued refusing her objection..

Discontinuing her alimony from the date on which the period for filling the objection expires, shall be reckoned with if she fails to file the objection within the prescribed period.

In examining the objection, or upon the request of either spouse, the court shall intervene to end the discord between them by way of reconciliation. If it transpires to the court that the discord is deep-rooted and that the wife insists on divorce, the court shall then apply the arbitration procedures as prescribed in articles (from 7 to 11) of the present law.

(3) Ruling The Divorce For Husband's Absence Or Imprisonment
Article 12
If the husband was absent for one year or more without an acceptable reason, the wife may then ask the Court to issue a ruling of irrevocable divorce if she is harmed by his absence, even if he has money from which she can spend for her needs.


Article 13
In case it is possible to send notices to the absent husband, the court shall set a time limit for him to return back and live with his wife, or to take her to the place where he lives, or to divorce her, otherwise the court shall issue a ruling of divorce.

If the time limit provided for in the previous clause lapses without the husband doing any of the above-mentioned actions without giving any accepted reasons, the court shall issue a ruling of a single irrevocable divorce. If it is not possible to send notices to the absent husband, the court shall issue a ruling of divorce without warning or setting time limits.

Article 14
The wife of an imprisoned husband who is sentenced to three years or more may ask the court, following the lapse of one year from the date of his imprisonment, to issue a ruling of irrevocable divorce for being harmed by her husband's imprisonment even if he has money from which she can spend.

(4) Action for Legitimation
Article 15
In case of denial, no action shall be heard for the legitimation of a wife's child, if it is established that there has been no consummation, nor for the legitimation of a wife's child bom after one year from her husband's absence, nor for the legitimation of a divorcee's child or a widow's child born after more than one year from the date of divorce or death

(5) Alimony And Idda

Article 16
A wife's alimony shall be estimated according to the husband's status on the date the alimony becomes due, whether he is in affluence or in distress, providing the alimony in the case of financial distress shall not be less than the amount indispensable for meeting her essential needs.

In case there is a reason for entitlement to the alimony and the conditions of such entitlement are fulfilled, the court shall issue a ruling imposing a temporary alimony for the wife and her children (to meet her essential needs) within at most two weeks from filing the action. Such court ruling shall be unsubstantiated and self-executing, pending the issue of a self-executing court decree determining the wife's alimony.

The husband may effect an.offset between the temporary alimony paid thereby and the alimony finally ruled by the court, so that the amount to be received by the wife and her children shall not be less than the amount necessary to meet their essential needs.

Article 17
An action filed for claiming an idda alimony for a period exceeding one year as of the date of divorce, shall not be heard.

In case of denial, an action for inheritance filed by a divorcee whose husband deceased, shall not be heard after one year from the date of divorce.

Article 18
A court ruling that imposes an idda alimony for a period exceeding one year as of the date of divorce and issued after the present law comes into force, shall not be executed. A court ruling that imposes an idda alimony for a period exceeding one year as of the date of divorce, and issued before the present law comes into force, shall be executed after the present law comes into force only for the duration which completes the aforementioned period of one year as of the date of divorce.

Article 18 bis
A wife whose marriage has been consummated and then she was divorced without her consent due to a reason non-attributed to her, shall be entitled, besides her idda alimony, to an enjoyment alimony equaling the idda alimony for at least two years, providing the divorce's financial situation, whether in affluence or in distress, the recitals of divorce and the period of marriage shall be taken into consideration. The divorce may be permitted to pay the aforesaid enjoyment alimony in installments.

Article 18 bis-1

If the youngster has no funds, his father shall provide for his maintenance.

The maintenance for children shall be provided by their father until the daughter gets married, or is able to earn living sufficient for her expenses, and until the son attains fifteen years and is able to earn a suitable living. If the son attains this age without being able to earn a living, for a physical or mental ailment or by reason of receiving the education being suitable for children like him or for his aptitude, or because of his inability to earn such living, his father shall continue to provide for his maintenance.

The father shall provide maintenance and a suitable habitation, for his children.

The children shall be entitled to maintenance from their father effective from the date he refrains from spending on them.

Article 18 bis-2
The divorce shall provide a separate suitable habitation for his children from his divorcee who is acting as their custodian in this case. If he fails to provide it within the idda, they shall continue to occupy the rented marriage house, during the period of custody, without the divorce's right to live in it.

If the marriage house is not rented, the divorce shall have the exclusive right to use it, if he provides for them a separate suitable habitation following the expiry of the idda.

The court shall give the custodian the choice between having the exclusive use of the marriage house, and getting an estimated rental for a suitable habitation for her and her children.

When the period of custody expires, the divorce shall have the right to return to the habitation with his children, if it is his legal right, in the first place, to maintain such habitation.

The public prosecution shall have the authority to issue a decision in connection with the litigations arising with respect to holding the marriage house referred to above, until a court ruling is issued in this regard.

The Dowry
Article 19
If a difference arises between the spouses with respect to the dowry, the evidence shall be provided by the wife, and if she fails to provide such evidence, it shall then be the husband's say after administering the oath to him, unless he alleges something which, according to the prevailing customs, cannot be valid as a dowry for a wife like her, in which, case the Court shall decree for her a dowry similar to the dowry paid to those like her.

The foregoing shall also apply in case of a difference arising between one of the spouses and the heirs of the other, or between the heirs of both spouses.

(7) Age Of Custody
Article 20
The women's right to the custody of children shall be terminated with the son or daughter attaining the age of fifteen. The court shall, in this case, give the child the choice whether or not to remain with the custodian without a custody pay until attaining the legal age in case of the son, or until getting married in case of the daughter" .
    
Each one of the parents shall have the right to see the children. The grandfathers shall have the same right in case the children have absent parents.

In case it is difficult to arrange for seeing the children by agreement, the Court shall organize that providing it shall take place where there is no psychological harm to the children.

A court ruling for seeing the children shall not be enforced coercively. However, if the one in whose custody the child is kept, refrains unjustifiably from executing the court ruling, the Court shall serve a warning on him / her, and if such refrainment recurs, the Court may issue a self-executing ruling for transferring the custody temporarily to the next in kinship who has the right to such custody, for a period to be determined by the court.

The right to the custody of children shall be established for their mother then for the female relatives who are in degrees of consanguinity that prohibit marriage. The priority in this regard shall be given to the mother's female relatives over the father's female relatives according to the following order in which the consanguinity of such females to the mother and the father from the closest to the further are in the following descending order:

The mother, the maternal grand mother, the paternal grandmother2^ the sisters-german, the sisters from the mother, the sisters from the father, the daughter of the sister-german, the daughter of the sister from the mother, the maternal aunts (the mother's sisters-german then her sisters from the mother then her sisters from the father), the daughter of the sister from the father, the daughters of the brother (according to the same rule mentioned at the beginning of the present clause), the paternal aunts (the father's sisters-german, then his sisters from the mother, then his sisters from the father), the mother's maternal aunts (according to the same rule mentioned at the beginning of the present clauses), the father's maternal aunts (according to the same rule mentioned at the beginning of this clause), the mother's paternal aunts (according to the same rule mentioned at the beginning of this clause), then the father's paternal aunts (according to the same rule mentioned at the beginning of this clause).

If no such female custodians are available, or if there is no one among them being eligible to assume the custody, or if the period of female custody expires, then the right of custody shall shift to the agnate males according to their order of entitlement to inheritance, taking into consideration that the grandfather shall have precedence over the brothers.

If no one of these exists, the right of custody shall shift to the child's male relatives who arc in degrees of consanguinity prohibiting marriage other than the agnate males, according to the following order :
The maternal grandfather, the brother from the mother, the son of the brother from the mother, the paternal uncle-german, the maternal uncle-german, the maternal uncle from the father, then the maternal uncle from the mother.

Article : 21
A missing person who is regarded to be most likely dead, shall be considered as deceased, after the expiry of four years from the date he became missing.

A person who is missing shall be deemed dead after at least fifteen days from his/her disappearance in case it was proven that he/she was on board a ship that drowned, or a plane that crashed. If the missing person was a member of the armed forces and disappeared during a military operation, he shall be deemed dead after one year from his disappearance"''.

The Prime Minister or the Minister of Defence, as the case may be shall, issue, after conducting the necessary investigation and finding out the evidences that prove the occurrence of death, a decree containing a list of the names of the missing persons who are deemed dead, pursuant to the previous article. The afore-mentioned decree shall be deemed as a court ruling considering the missing person dead.

In other cases, the court shall be authorized to fix the period after which the missing person shall be deemed be dead, providing such period shall not be less than four years. This shall take place after applying all possible methods of investigation to know whether the missing person is alive or dead.

Article : 22
After a court ruling is passed considering the missing person to be dead, or after issuing a decree by the Prime Minister or the Minister of Defence considering him dead, in the way set forth in the previous article, the widow shall observe the idda prescribed in case of the husband's death,  and the estate of the missing person, who is considered dead, shall be diyided among his heirs surviving at the time the court ruling is passed, or the Prime Minister's or the Minister of Defence's decree is published in the Official Journal.
 (9) General Provisions
Article : 23
The term 'year' in articles from (12 to 18) means a year of 365 days.

Article : 23 bis
The divorce shall be liable to imprisonment for a period not exceeding six months and a fine not exceeding two hundred pounds, or either penalty, if he violates any of the provisions prescribed in Article (5-Bis) of the present law.

The husband shall be liable to the same penalty if he gives to the notary incorrect data on his marital status, or about the residence place of his wife, wives, or divorcee, in violation of what is prescribed in article (11-Bis).

The notary shall be liable to imprisonment for a period not exceeding one month, and a fine not exceeding fifty pounds, if he defaults on any of his obligations imposed thereon by the law. A court ruling may also be issued for removing him or suspending him from work for a period not exceeding one year.

Article : 24
Articles (3, 7 and 12) of law No. 25 of the year 1920, comprising provisions on alimony and other matters on personal status, shall be superseded.

The Minister of Justice shall enforce the present law which shall come into force as of the date of its publication in the Official Journal.

The present law shall be stamped with the seal of the state, and shall be published in the Official Journal and enforced as a law of the state.

Issued at Abdine Palace on the 28th of Ramadan 1347 (Islamic Calendar), corresponding to the 10*" of March 1929 (Gregorian Calendar).



Completion Of Law No, 100 Of The Year 1980

Amending Some Provisions Of The Personal Status Laws
 Article 4
The summary courts shall refer by themselves, without duties, whatever lawsuits that would exist with them and which have become within the jurisdiction of the first instance courts according to the provisions of this law, in their very same condition.

In case of the absence of one of the litigants, the clerks office shall then serve a notice on him of the reference order, and summon him to attend on the ordinary dates before the court to which the lawsuit has been referred.

The provisions of the previous clause shall not apply to the lawsuits in whose regard a court ruling was issued and passed, and which shall remain subject to the provisions being applicable prior to enforcing this law.
Article 5
All provisions contravening the present law shall be cancelled
Article 6
The Minister of Justice shall promulgate the necessary decree for the implementation of this law within two months from the date of its promulgation.
Article 7
This law shall be published in the Official Journal and shall come into force effective from the date of publishing the judgment issued by the Supreme Constitutional Court, as to the non-constitutionality of the decree law No. 44 of the year 1979, with the exception of the provision of article (23-Bis) which shall apply effective from the day following the date of publishing the present law.

The present law shall be stamped with the seal of the State and shall be enforced as one of its laws,

Issued at the Presidency of the Republic on the 16th of Sha.wal 1405 (Islamic Calendar), corresponding to the 3ld of July 1985 (Gregorian Calendar).

Hosni Mubarak
The first three articles of law No. 100 of the year 1985 are the amending laws Nos. 25 of the year 1920 and 25 of the year 1925, therefore, the texts of these articles have been included within the provisions of the aforementioned two laws.




Official Journal - Issue No, 4 (Bis) - Dated 29 January 2000
Law No.1 Of the Year 2000
Promulgating the Law on reorganization of Certain and Procedures of Litigation  in Personal Status Issues
As Amended by Law No. 91/2000
In the Name of the People, The President of the Republic,
The People's Assembly has passed the following Law, and it is hereby promulgated :

Article : 1
The provisions of the attached law shall apply to the litigation procedures in personal status and mortmain matters. The Civil and Commercial Procedure Law, the Proof Law concerning Civil and Commercial Matters, and the provisions of the Civil Code concerning the administration and liquidation of estates, shall apply where no provision is provided in the present law.

The Provisional Issues Judge in the Court of First Instance shall exclusively be concerned with issuing a writ on a petition in the following personal status matters:
1.    Complaint from the refrain of the notary to notarize the marriage contract, or to give a certificate establishing his refrain, whether regarding Egyptians or foreigners.
2.    Extending the date of inventory of the estates as necessary to complete the inventory unless the law applicable determines a date for that.
3.    Taking necessary preventive or provisional procedures regarding the estates where no legally incapacitated, legally incompetent, or absent person exists.
4.    Authorizing the Public Prosecution to transfer the moneys' securities, documents, jewelry and any other property of the legally incompetent, legally incapacitated, or absent persons, that are being feared for, to the treasury of any of the banks or to a safe and secure place.
5,    Litigations on traveling abroad, after hearing the statements of the concerned parties.

Article : 2
The courts shall directly refer, without fees, the actions maintained thereby which have become within the jurisdiction of other courts, by virtue of the attached law, in their very same conditions. In case of absence of a litigant the Clerks Office shall serve a notice thereon concerning the reference order, along with summoning him to attend on the prescribed dates before the court to which the action is referred.

The provisions of the previous clause shall not apply to the actions in which a judgement was passed, or the actions deferred for passing a judgement therein, since they shall remain subject to the applicable provisions before the present law comes into force.

Article : 3
Court rulings shall be pronounced according to the personal status and mortmain laws in force. The most outweighing opinions adopted by Imam Abou Hanifa's school of jurisprudence shall apply where no provision is prescribed in these laws.

However, court rulings shall be issued in the litigations connected with personal status affairs among non-muslims Egyptian of the same sect and creed who had sectarian judicial authorities up to 31 December 1955, according to their religion, where they do not violate public order.

Article : 4
The statute concerning the organization of the Courts of law as issued by virtue of decree-law No. 78 of the year 1931 shall be repealed. Also, book - 4 of the Civil and Commercial Procedure Law, as added to law No. 77 of the year 1949, and laws Nos. 462 of the year 1955, and 628 of the year 1955, and 62 of the year 1976, referred to hereinbefore, as well as the statute of procedures to be followed in executing the rulings of the courts of law issued in the year 1907 shall also be repealed. Any provision contravening the provisions of the attached law shall also be repealed.

Article : 5
The Minister of Justice shall issue the decrees necessary for implementing the attached lav/.

He shall also issue the statutes regulating marriage contract registrars and notaries affairs and work, and forms of the documents necessary to perform their work.
Article : 6
The present law shall be published in the Official Journal and shall come into force one month after the day following the date of its publication.

This law shall be stamped with the seal of the State and shall be enforced as one of its laws.
Issued at the Presidency of the Republic on 22 Shawal, (Islamic Calendar) 1420, corresponding to 29 January 2000 (Gregorian Calendar).
Hosni Mubarak

The Law on Reorganization of Certain Matters and Procedures of Litigation in Perdsonal Status Issues
Part 1. General Provisions
Article : 1
The procedural periods and dates prescribed in the present law shall be reckoned pursuant to the Gregorian Calendar.
Article : 2
The legal capacity for litigation in personal status matters for guardianship shall be established for a person who has attained the age of fifteen and enjoys his mental faculties.

A person who is legally incapacitated or legally incompetent shall be acted for by his legal representative. If there is no one representing him, or if there is a reason for proceeding with litigation contrary to his representative's view or vis-a-vis his representative, the court shall appoint a guardian for litigation, ex officio or upon the request of the Public Prosecution or a third party.

Article : 3
A lawyer's signature shall not be necessary on personal status initiatory pleadings before the summary courts. If an action is initiated without a lawyer's signature on its initiatory pleading, the court, in case of necessity, may delegate a lawyer to defend the claimant. The ruling pronounced in the action shall determine the delegated lawyer's fees to be sustained by the public treasury, without derogation to the commitment of subordinate bar associations boards to extend judicial aid as prescribed in Law No. 17 of the year 1983 promulgating the Law on Legal Profession.

Alimony and maintenance actions and all kinds of like fees, and expenses lawsuits shall be exempted from all judicial fees in all stages of litigation.

Article : 4
The court - within the context of preparing the action for judgement -shall acquaint the litigants with the demands for a proper process of the case, and grant them an adequate time to submit their defenses.

The court may also delegate one or more social workers to submit a report on the case tabled before it or on any matter therein, and may determine a time limit not exceeding two weeks for submission of the report.

Such delegation shall be made from the social workers lists which shall be issued by decree of the Minister of Justice based on a nomination by the Minister of Insurance and Social Affairs.

Article : 5
The court may decide examining the personal status related matters -for public order or moral considerations - in a session in camera and in the presence of a member of the Public Prosecution in case it is represented in the case, and shall pronounce the judgements and decisions in open court.
Article : 6
Without derogation to the public prosecution's jurisdiction in filing the case in personal status related matters, in probate proceedings as prescribed in law No. 3 of the year 1996, the public prosecution may file the case primarily in personal status matters, if it is connected with public-order or morals. It may also intervene in personal status cases that fall within the jurisdiction of summary courts.

The public prosecution shall intervene in personal status and mortmain cases that fall within the jurisdiction of the courts of first instance or the courts of appeal; otherwise the judgement shall be null and void.
In case of negation, an action for legitimation, or a testimony of that legitimation shall not he accepted after the death of the testator unless there are official papers, or papers wholly written and signed by the deceased, or absolute and categorical evidences indicating the validity of the claim.

Article :
Cancelled

Article : 8
The mortmain action, its conditions, recognition, entitlement thereto, or acts and dispositions in respect thereof shall not be accepted unless the mortmain is established by virtue of an attestation registered according to the provisions of the law.

The mortmain or inheritance action shall not be accepted in case of negation, if initiated after the lapse of thirty three years from the date of establishing the right, unless there is a reason that prevented and obstructed the filing of the action.

If the trustee of the mortmain is removed, or another trustee is made to join him, the court shall appoint, in both cases, by virtue of an enforceable ruling, a temporary trustee pending a final ruling is issued in respect of the action.

Article : 9
The summary court shall have the jurisdiction of examining the Issues set forth in this article.
Subject to the provisions of article (52) of the present law, the court's ruling in the actions shall be appealable unless it is considered final by virtue of the law.

First: Matters connected with guardianship on persons:
1.    Actions connected with the custody, fostering, and maintenance of the child.
2.    Actions connected with alimony/maintenance and the like expenses of all kinds.
3.    Actions connected with permitting the wife to exercise rights, in case the law applicable provides for obtaining the husband's permission to exercise these rights.
4.    Actions connected with the wife's dowry, paraphernalia, wedding jewelry, and the like.

The ruling shall be final if what is claimed docs not exceed the final portion to be ruled by the summary court judge.
5.    Correcting the entries connected with personal status matters, in marriage and divorce certificates.
6.    Notarizing ail that will be agreed upon by the concerned parties before the court, in what is legally permissible.
7.    Permitting the marriage of a person having no guardian.
8.  Affirming the decease, inheritance, and mandatory testament, unless a litigation arises in respect thereof.

9.  Actions for custody due to the convict's refrain from executing the final judgement passed in alimony actions and the like. The judgement to be passed in respect of the actions for custody shall be final.

Second : Matters connected with the custody of property in case the property required to he kepi in custody do not exceed the limits subject to the summary court's jurisdiction :
1.    Electing the guardian, and appointing the, supervisor and director, besides controlling their work, issuing a final decision in their fees, and removing and substituting them.
2.    Establishing a person's absence and ending it, appointing a proxy of the absent, controlling his / her work, and removing and substituting him / her.
3.    Determining the judicial aid, removing it, appointing the judicial assistant, and replacing him/her.
4.    Continuing the guardianship past the age of twenty one, permitting the minor to receive his / her property to manage it according to the provisions of the law, permitting him / her to exercise trade and take the acts required in order to obtain a permission/authorization, and depriving of, discontinuing or limiting any of these rights.
5.    Appointing an official authorized to proceed with the litigation on behalf of the minor or absent person, even if the latter does not have any property.
6.    Estimating a maintenance for the minor, out of his / her property, and pronouncing a final ruling in the litigations arising between the guardian of the minor or the tutor and the trustee, in connection with spending on, raising, or caring for the minor.
7.    Discharging the guardian, where this is permissible, according to the provisions of the guardianship of property law.

8.    Demanding the guardian's retirement from, and retrieval of, his guardianship.
9.    Permitting the disbursement of funds for spending on the minor's marriage, in the cases where the law dictates to get the court's permission.
10.    All other matters connected with the management of property according to the provisions of the law, and taking the relevant preventive and temporary measures, whatever the amount of the property.
11.    Appointing a liquidator of the estate, and removing and replacing him, and issuing final decisions in litigations connected with liquidation once the value of the estate does not exceed the limits subject to the summary court's jurisdiction.

Article : 10
The Court of First Instance shall have the jurisdiction of examining the personal status cases that are not subject to the jurisdiction of the Summary Court, and the mortmain actions, conditions, entitlement thereto, and the dispositions connected therewith.

The Court of First Instance which is locally and exclusively concerned with the examination of divorce or physical separation cases, shall be concerned with pronouncing a first instance ruling in alimony, maintenance, and other similar cases, whether for the wife, children, or relatives, and in the cases related to the custody, fostering, and maintenance of the child, and the place to be provided for that purpose.

The Courts of First Instance and Summary Courts examining an action with regard to any of the foregoing, shall refer such action to the locally concerned court so that a final ruling shall be pronounced by it.

The court, in the course of the action, may issue enforceable temporary rulings for seeing the child, determining the temporary alimony / maintenance, or modifying whatever alimony/maintenance it might have decided, more or less.

The temporary rulings pronounced during the process of these cases shall not be contestable except after issuing the final ruling in them.

The Court of First Instance, within the circuit of which the foreigners' marriage contracts is notarized, shall have the jurisdiction of issuing a ruling in the objection lodged against that marriage, or in the request for interdicting one of the contract parties, if the applicable law makes the interdiction a cause for removal of the legal capacity for marriage.

Article : 11
Lodging the action shall result in preventing the marriage pending the issue of a final court ruling in it.
    
The Court of First Instance shall have the jurisdiction of imposing and lifting the interdiction, appointing the guardian and controlling his/her work, issuing a final ruling in his/her accounts, removing and replacing him/her, permitting the interdicted person to receive his/her property and funds to manage them, according to the provisions of the law, removing or limiting that right, appointing an official who shall be authorized to proceed with the litigation on him/her behalf estimating the maintenance of the interdicted person out of his/her property, and issuing a final ruling in the litigation that arises between the guardian and the tutor or the trustee concerning the maintenance of the interdicted person,

Article : 12
If the court rules for removal or discontinuance of the guardianship, it shall assign it to the person ranking next to the one whose guardianship is removed or discontinued according to the applicable law, then to the one ranking next thereto. If the one to whom the guardianship is entrusted refrains, after being notified thereof in the way prescribed in article (40) of that law, or if he does not fulfill the eligibility conditions, the court shall then entrust the guardianship to any trustworthy person, or to one of the social institutions.

The property shall be delivered in this case to the guardian who is appointed in his/her quality as a temporary guardian, after inventorying it in the way prescribed in article (41) of the present law.

The Public Prosecution shall expeditiously take the necessary procedures for appointing a guardian for the one covered by guardianship.

The court examining the original matter exclusively shall be concerned with approving the account submitted by the guardian or the temporary guardian concerning the legally incapacitated, the legally incompetent, or the absent person. It shall also be concerned with issuing a final ruling in the litigations connected with that account.

Article : 13
The court that rules the termination of the guardianship on the property shall be concerned with examining the matters connected with the account and delivery of the property, pending the issue of a final ruling in them.

The court shall also have the jurisdiction of examining the litigations related to the execution of the rulings and awards issued thereby in this respect.
Article : 14
Cancelled
Chapter -2. Local Jurisdiction

Article : 15
The domicile shall be determined, in the intendment of this law, as prescribed in articles (40, 42, and 43) of the Civil Code.

Subject to the provisions of articles (10 and 11) of the present law, the jurisdiction shall devolve to the court within the circuit of which the domicile of the defendant is located. If the defendant does not have a domicile in Egypt, the jurisdiction shall devolve to the court within the circuit of which the plaintiffs domicile is located.
In case of multiple defendants, the jurisdiction shall pass to the court within the jurisdiction of which lies the domicile of one of the defendants.

The local jurisdiction for examining certain personal status matters shall be determined as follows:
1)    The court within the circuit of which lies the domicile of the plaintiff
or defendant shall have the jurisdiction for examining the case brought
by the children, the wife, the parents, or the female guardian,
according to each case, in the following matters:

a.    Alimony, maintenance, and the like,

b.    Custody and fostering of the children, and the matters related
thereto.

c.    The wife's dowry, paraphernalia, engagement jewelry, and the
like.

d.    Ruling the spouses' divorce, the Khula , the acquittal and
separation of the spouses, with all legal causes thereof.
2)    The court within the circuit of which lies the last domicile of the deceased in Egypt shall have the jurisdiction of supervising the proceedings related to the publicity of testament, legacies, and distribution or estates. If the deceased doesn't have a domicile in Egypt, the jurisdiction shall devolve to the court within the circuit of which lies one of the heirs entitled to the legacy.
3)    The local jurisdiction in the following matters of guardianship on die property shall be determined as follows:

a.    In matters of guardianship, it shall be determined according to
the domicile of the guardian or the minor, and in matters of
wardship, it shall be determined according to the last domicile of
the deceased or the minor.

b.    In matters of interdiction and judicial assistance, it shall be
determined according to the domicile of the person required to be
interdicted or judicially assisted.

c.    In matters of absent persons, it shall be determined according to
the last domicile of the absent.

A form of divorce initiated by the wile which is effected by the return of her husband's wedding gift.
Acquittal is the case where the wife, out of her desire to get a divorce, gives up her right to die alimony and the deferred part of dowry.
If none of these persons has a domicile in Egypt, the jurisdiction shall then go to the court within the circuit of which lies the domicile of the applicant, or the property of the person required to be protected.

d.    If the domicile of the minor or the interdicted or the judicially
assisted person changes, the court may, upon the request of the
concerned party, or the public prosecution, refer the case to the
court within the circuit of which lies the new domicile.

e.    The court that rules the removal or discontinuance of the
guardianship shall have the jurisdiction of appointing a successor
of the guardian, whether a guardian or a trustee, unless the court
decides to refer the matter to the court within the circuit of which
lies the domicile of the minor.

4) In the cases other than dividing the entails in whose regard a final court ruling was issued, the examination of the disputes connected with the entail, its conditions, entitlement thereto, and the dispositions thereof, shall be within the jurisdiction of the court in whose circuit lies the entail or the biggest part thereof in case it consists of multiple parts, or rather the foregoing matters shall be within the jurisdiction of the court in whose circuit lies the domicile of the trustee of the entail or the defendant.

Part-3. Lodging and Truing the Action
Chapter -1. Matters of Guardianship on Persons

Article 16
The action, in matters of guardianship on persons, shall be filed in the usual manner of lodging the case as prescribed in the Civil and Commercial Procedure Law.

Article : 17
Actions arising from marriage contracts shall not be accepted if the wife is less than sixteen years old, or the husband is less than eighteen years old. at the time of lodging the case.

In case of negation, the actions arising from marriage contracts shall not be accepted in respect of the marriage occurrences subsequent to August 1, 1931. unless the marriage is established by virtue of an official document, However, the actions for divorce, or for the revocation of marriage contract exclusively shall be accepted according to each case, if the marriage is established by any written evidence.

Cases of divorce between the spouses of the same sect and creed shall not be accepted unless their creed permits it.

Article : 18
The Court, in the actions of guardianship on persons, shall offer a reconciliation between the litigants. The A party who fails to attend the reconciliation session - while being aware thereof - without an acceptable excuse, shall be considered refusing it.

In divorce actions, no ruling shall be pronounced except after the court exerts an effort in trying to reconcile the spouses and is unable to realize such reconciliation. If the spouses have a child, the court shall offer the reconciliation at least twice, with a period of not less than thirty days and not exceeding sixty days separating the two attempts of reconciliation.

Article : 19
In divorce actions wherein the law dictates delegating two arbiters, the court shall charge each of the two spouses to nominate an arbiter from his / her own family - as much as possible - at most in the second session. If either spouse fails to nominate an arbiter or to attend that session, the court shall appoint an arbiter therefor.
    
The two arbiters shall appear before the court in the session following their appointment to declare the conclusion they have reached together. If they differ, or either arbiter fails to attend, the court shall hear their statements or the statement of the one who attends after taking the oath.

The court may reckon with the conclusion reached by the arbiters, or with the statements of either arbiter, or whatever conclusion the court will draw from the papers of the action.

Article : 20
The two spouses may reach mutual consent on the Khula. If they fail to mutually agree on it, and the wife initiates her case requesting to apply the Khula, and redeems herself by seeking divorce from her husband against relinquishing all her legal financial rights, and restitutes to him the advance part of the dowry he had given her, the court shall then rule the divorce.

The court shall not rule the divorce through the Khula except after trying to reach a reconciliation between the two spouses, and after delegating two arbiters to undertake reconciliation endeavours between them, within a period not exceeding three months, as indicated in clause-2 of article (18) and the first and second clauses of article (19) of this law, and also after the wife explicitly declares that she hates life with her husband, that there is no way for continuing marital life between them, and that she fears to commit a violation of the rules that God has dictated because of that hatred.

Waiving the children's custody, their maintenance, or any of their rights shall not he the price for divorce through the Khula.

In all cases, a divorce through the Khula shall be a final and irrevocable divorce.

The ruling of the Khula shall in all cases be incontestable by any method of appeal,

Article : 21
In case of negation, only the attestation and notarization shall be reckoned with in establishing the divorce. In requesting the attestation and notarization of the divorce, trie notary shall acquaint the spouses with the risks of divorce, and call them to choose two arbiters from their families to reconcile between them. If the spouses insist on immediate divorce, or if they declared that divorce has already taken place, or if the husband declared that he has divorced his wife, the divorce shall be notarized after attesting it.

All the foregoing provisions shall apply in case the wife asks to divorce herself if she has maintained for herself the right to do that in the marriage contract.

The notary shall record the procedures taking place, on the date of their occurrence, on the form provided for the purpose. Establishing the divorce vis-a-vis either spouse shall not be reckoned with unless the spouse, attends the notarization procedures in person or via a representative, or the date the divorce is announced by virtue of an official paper.

Article : 22
Subject to the right of the wife to establish her divorce's return to her by all evidences, the husband's claim of having returned to his divorcee shall not be accepted, in case of negation unless he notifies his divorcee with his return to her by virtue of an official paper before the lapse of sixty days for a menstruating divorcee, and ninety days for a divorcee whose period of idda is .counted in months from the date of notarizing the divorce, unless she is pregnant, or declares that her period of idda has not lapsed yet when she is notified of her divorce's return to her.

If the income of the person against whom a ruling for payment of alimony, maintenance or any other similar payments, is subject of a serious litigation, and there is nothing adequate in the papers of the case to determine his income, the court shall ask the public prosecution to carry out an investigation that enables the court to reach such determination.

The public prosecution shall carry out the investigation in this respect.

Subject to the provisions of Decree-Law of the President of the Republic No. 205 for the year 1990, concerning the confidentiality of accounts in banks, any governmental or non-governmental entity shall inform the public prosecution of any information held thereby, which would be useful in determining the income of the person from whom the alimony/maintenance is required.

The information resulting from these investigations shall not be used for other than the purpose for which they have been carried out.

The public prosecution shall end the investigation and forward it coupled with a brief note of the results reached thereby, within a time limit not exceeding thirty days from the date on which the court's request is received by it.

Article : 23
Cancelled

Article : 24
A person who asks for issuing an attestation of death, inheritance, or will shall submit a request to the competent court, to which shall be attached an official paper establishing the death, otherwise the request shall be unacceptable.

The request shall comprise an indication of the last domicile of the deceased, the names of the heirs and legatees, if they exist, and their domiciles. The applicant shall serve a notice on them to attend before the court at the time determined for looking into the request. The judge shall verify the validity of the request by means of the attestation of a trustworthy person, and may add to such an attestation the administrative inquiries, as he deems necessary. If any of the heirs or the legatees negates and denies, and the judge considers their negation and denial to be serious, he shall refer the request to the competent court of first instance to issue a final ruling in it.

Article : 25
The attestation issued by the judge according to the provision of the previous article shall be an evidence concerning the decease, inheritance, and will, unless a provision is issued prescribing otherwise.

Chapter – 2. Guardianship on Property

Article : 26
The Public Prosecution shall assume the charge of safeguarding and caring for the interests of the legally incompetent, legally incapacitated, and absent persons. It shall take protective measures on their properties according to the provisions of this law.

The Public Prosecution may also delegate one of the investigation officers, to apply the procedures it deems appropriate.

It may also seek the help of assistants attached to it by virtue of a decree of the Minister of Justice. These assistants shall be considered investigation officers in connection with the work assigned to them in the course of performing their functions.

The Public Prosecution may estimate a temporary maintenance from the property of the maintenance beneficiary, until a court ruling estimating this maintenance is passed.

Article : 27
Relatives who were living with the deceased, or the oldest among the adult heirs shall inform the public prosecution of the death occurrence of an absent or a legally incompetent or a legally incapacitated person, or a dormant gestation, or the death of the guardian, custodian, trustee, or the absenf s proxy, within three days from the occurrence of the decease.

The relatives shall inform the public prosecution within the same period about the forfeiture of legal capacity, or the absence of a member of the family, if he/she was living with them.

Article : 28
The treating physicians, and the directors of hospitals, according to each case, shall notify the public prosecution about the cases of legal incapacity resulting from mental disability, once this fact is established by them.

Those concerned at the administrative authorities shall inform the public prosecution once a case of legal incapacity transpires to them in the course of performing their work, as prescribed in the previous clause.

Article : 29
The guardian on a dormant gestation shall inform the public prosecution of the termination of the pregnancy period, or of the birth of the baby whether alive or dead.

Article : 30
Whoever violates the provisions of articles (27, 28, and 29) of the present law shall be liable to a fine of not less than fifty Egyptian pounds and not exceeding one hundred pounds. If the failure to notify the foregoing is meant to cause harm and prejudice to a legally incompetent or a legally incapacitated or an absent person, or to other concerned parties, the penalty shall be imprisonment for a period not exceeding one year and a fine of not less than one hundred pounds and not exceeding one thousand pounds or either penalty.

Article : 31
Whoever hides, with the aim of causing harm and damage, a property owned by a legally incompetent, a legally incapacitated or an absent person, shall be liable to a penalty of detention.

Article : 32
The public prosecution shall record in a special register, the requests submitted for interdiction, judicial aid, continuation of guardianship or trusteeship, removing, limiting or discontinuing the guardianship, restricting the minor or interdicted person, establishing the absence of a person, restricting the power of the absent person's proxy, controlling the person required to be interdicted or restricting his freedom of action. The public prosecution shall record such requests on the day and at the hour they shall each be submitted.

Recording in the register shall stand for registration, and shall produce its effect from the date it is effected once a ruling is passed accepting the request. The public prosecution shall delete the recorded entry from the register, if a final ruling is passed refusing the request.

The Minister of Justice shall issue a decree concerning the procedures of recording and deleting the entries in the register.

Article : 33
Upon receiving the advice according to the provisions of the present law, the public prosecution shall take the necessary procedures for preservation of the rights of the dormant gestation, the legally incompetent, the legally incapacitated, or the absent person, and shall temporarily determine their fixed or movable property, their rights and obligations, in a report to be signed by the concerned parties.

The public prosecution shall have the authority to take provisional or preventive proceedings as necessary to maintain and preserve such property, and to set the seals thereon. Besides, upon a warrant issued from the judge for temporary matters, it may transfer the moneys, securities, documents, jewelry and other property as feared to be tampered with, to a bank safe, or to a secure place.

The public prosecution, when necessary, may authorize the trustee of the estate, the executor or director of the will, or any other trusted person, to spend on the funeral of the deceased, and on those he / she is obligated to maintain and support, as well as to manage the business that is feared to be affected with the pass of time.

The public prosecution may reverse any decision it has taken in applying the provisions of this article.


Article : 34
The public prosecution, upon a substantiated authorization from the summary judge, may enter the houses and places required to be entered, in order to take the preventive proceedings prescribed in this law. It may also delegate an investigation officer for that, by virtue of a substantiated warrant determining the house or place.

Article : 35
It shall not be necessary to follow the proceedings prescribed in the two previous articles if the property of the person required to be protected does not exceed three thousand pounds. In this case, the public prosecution shall deliver the property to the party in charge of the person required to be protected, unless the public prosecution decides to follow the aforesaid procedures according to the controls prescribed in these two articles.

Article : 36
The request shall be raised to the competent court by the public prosecution or the concerned parties.

In the latter case, the request thus raised shall comprise the data required by the procedure law to be fulfilled in the initiatory pleading, and shall be enclosed with the documents supporting it. The court shall refer it to the public prosecution to record its remarks on it, in writing, within a time limit to be determined bv it for that.

The public prosecution, where it is not concerned with issuing a warrant, shall determine a session before the court to decide on the request which shall be coupled with the investigations carried out thereby and the conclusion it has reached. It shall also serve a notice about the session on the parties concerned who have not been notified about it before.

The court may delegate the public prosecution to adopt any investigation procedure as ordered by the court.

Article : 37
The court and the public prosecution may summon whoever they consider to be of benefit through hearing his/her statements in each investigation carried out thereby. If he/she fails to appear in the determined session, or refrains from giving his/her statements without legal justification, he/she may be liable to a fine not exceeding one hundred pounds, and if he/she does not attend, the court and public prosecution may order bringing him/her before it.

The court may relieve the convict from all or part of the fine if he gives an acceptable excuse.

Article : 38
If the public prosecution finds that the request for imposing the interdiction, or for removing, restricting, or discontinuing the guardianship, or for establishing the absence of a person, will necessitate taking investigation procedures that will take up a period of time during which a right or property is feared to be lost, the public prosecution shall raise the matter to the court to authorize taking whatever preventive proceedings it decides, or to order the person against whom the request is submitted, from disposing of all or part of the property or to restrict his/her power to manage them, or to appoint a temporary director to assume the management of such property.

Article : 39
The public prosecution shall submit to the court a substantiated memorandum on the person it nominates to act as a proxy of the legally incompetent, the legally incapacitated, or absent person, or the person it nominates as a judicial aid, within at most eight days from the date of advising it of the cause necessitating his/her appointment.

The court shall appoint the proxy or the judicial aid after consulting the view of the parties concerned.
The public prosecution shall notify the guardian, trustee, proxy of the absent person, the judicial aid, or the temporary director of the decision issued for his/her appointment, if issued in his/her absence. Whoever refuses the appointment shall notify his/her refusal to the public prosecution, in writing, within eight days from the date;of learning about the appointment decision; otherwise he/she shall be responsible for the tasks assigned thereto, from the date of learning about the appointment.

In case of refusal, the court shall appoint a replacement expeditiously.

Article : 40
Cancelled

Article : 41
Following the issue of the court's ailing concerning the appointment of the proxy, the public prosecution shall conduct an inventory of the funds and property of the legally incompetent, legally incapacitated, or absent person, in a report to be issued in duplicate.

The provisions and proceedings issued by a decree of the Minister of justice shall be followed in carrying out the inventory. All the parties concerned and the minor who has completed fifteen years old, if the public prosecution judges the importance of his/her presence, shall be called to attend the inventory proceeding.

The public prosecution may seek the assistance of experienced people in the course of inventorying and evaluating the property and funds, and estimating the debts. The property and funds shall be delivered after completing the inventory, to the proxy appointed by the court.

Article : 42
The public prosecution shall raise the inventory report to the court to ratify it after ascertaining the validity of data set forth in it.

In raising the inventory report to the court to ratify it, the public prosecution shall attach a memorandum with indicating its view in the following issues, according to each case:.
1.    Continuing in or exiting from the common ownership, and continuing in the exploitation or liquidation of trading and industrial stores or professional offices, and the means of settling the debts, as well as the decisions enforcing the foregoing.
2.    Estimating the permanent maintenance necessary for the minor or interdicted person.
3.    Applying the methods leading to the proper management and maintenance of the property.

The court shall ratify the inventory report and expeditiously issue final decisions in the foregoing issues.

Article : 43
Cancelled

Article : 44
The court, even ex officio, may reverse any decision it has issued in the matters prescribed in the previous article, or any of the preventive proceedings if there is a reason calling for that.

The court's reversal of a decision previously issued by it shall not affect the bona fide third parties' rights which result from any agreement.

Article : 45
If the court appoints a liquidator for the estate before ratifying the inventory report, the liquidator shall effect an inventory of the whole estate and draw up a detailed report on its rights and obligations, to be signed thereby as well as by the public prosecution attorney, the appointed proxy, and whoever attends from among the adult heirs.

If the liquidator is appointed following ratification of the inventory report, the proxy of the legally incompetent, legally incapacitated, or absent persons, shall deliver the share of the latter in the estate to the liquidator by  virtue of a report to be signed thereby as well as by the liquidator, the public prosecution attorney, and whoever attends from among the adult heirs, unless the liquidator decides to keep the whole or part of the property at the disposal of the proxy to maintain and manage it provisionally pending complete liquidation. The foregoing shall be recorded on the two copies of the inventory report and the aforementioned persons shall sign it.

After completing the liquidation, the proceeds derived from the estate shall be delivered to the proxy of the legally incompetent, legally incapacitated, or absent person or the person, subject to the proceedings prescribed in the present law.

Article : 46
The proxy of the legally incompetent; legally incapacitated, or absent person, or the temporary director shall deposit with the clerks office of the court an account of the estate in his charge, coupled with the documents in support thereof, within the legally determined time limit, and whenever the court demands it therefrom, on the date to be determined by it.

If the time limit lapses without the proxy submitting the account, the court may inflict thereon a fine not exceeding five hundred pounds. If the proxy repeats that, the court may inflict thereon a fine not exceeding one thousand pounds, without derogation to the other penalties legally prescribed.

If the proxy submits the account and expresses for the delay an excuse which is accepted by the court, the court may then relieve him from all or part of the fine.

The court shall temporarily order to deposit the amounts which the proxy submitting the account does not object to in charge of, providing this shall not be considered as a ratification of the account.

The court shall issue a final decision in the validity of the account submitted to it. The final decision issued by the court concerning the account shall comprise a writ binding the person submitting it to pay the amount remaining due thereby, and deposit it with the treasury of the court within a time limit to be determined thereby.

The public prosecution may authorize the proxy of the legally incompetent, the legally incapacitated, or the absent person, to disburse from their liquid moneys an amount not exceeding one thousand pounds without requesting a permission from the court, which amount may be increased to three thousand pounds by a decision from the competent advocate general, only once every six months.

Article : 47
Cancelled

Article : 48
The request for recovering the guardianship, or for lifting the interdiction or for the judicial aid, or for lifting the trusteeship, or guardianship, or for re-authorizing the minor or interdicted person, shall not be accepted except after the lapse of one year from the date the final decision refusing a former request was issued.


Article : 49
The parties concerned may have access to the files, books, registers, and papers prescribed in the previous articles. Any person may also have access to the registers. In both cases, copies or certificates comprising the contents recorded in such books and registers, by virtue of a writ issued by the court or the public prosecution shall be delivered to any of them.

Article : 50
Costs of determining the property, placing the stamps, and effecting the inventory, as well as the costs of administration shall have a lien right in rank of the judicial expenses.

Article : 51
Court Decisions and Rulings and Appealing Against Them

Part-4. Court Decisions and Rulings and Appealing Against Them
First: Issuing the decisions:
The rules concerning court judgements shall apply to the decisions issued in the matters related to the guardianship on property.

Article : 52
Cancelled

Article : 53
The court shall deposit with the clerks office the causes of the final decisions issued in matters of interdiction, judicial aid, guardianship, absence of persons, accounts, permission to dispose, and removal of the trustee, as well as the decisions issued according to the provision of article (38) of this law, within a time limit of eight days from the date they are passed if they are issued by a summary court, and fifteen days if issued by others.

With the exception of other decisions passed in matters of guardianship on property, the court may substantiate these decisions, or content itself with signing the session minutes that comprise the pronounced judgement.

Article : 54
The decisions issued from the Court of First Instance in matters of guardianship on property shall be enforceable, even when appealed against, with the exception of the decisions issued in the following matters:
1.    The Account.
2.    Lifting the interdiction and ending the judicial aid.
3.    Restituting the guardianship.
4.    Re-authorizing the minor or interdicted person for disposition or management.
5.    Establishing the full age after the decision on continuing the guardianship or trusteeship is issued.
6.    Permission for disposal, as issued to the proxy of the legally incompetent, the legally incapacitated, or the absent person.

The court trying the appeal may order the execution to be stopped temporarily pending issue of a final decision in the appeal.

Article : 55
The court's decision shall be final if issued permitting the litigation in respect of entails dispositions, or in the request for borrowing or leasing for a long period or for changing the features, or also in respect of conversion requests or the sale of entails for payment of a debt, if the subject of the request or the value of the realty subject of disposition does not exceed five thousand pounds.

Second: Appealing against rulings and decisions:

Article : 56
Means of objecting to the rulings and decisions prescribed in the present law shall be the following: appeal, cassation, petition for reconsideration.

Where no special provision is prescribed in the following articles, the rules and proceedings prescribed in the Civil and Commercial Procedure Law shall be followed

Article : 57
The public prosecution may in all cases contest, by means of appeal, the rulings and decisions issued in the lawsuit where the law dictates or allows its intervention therein. The provisions prescribed in the Civil and Commercial Procedure Law shall be followed in connection with the contestation,

Article : 58
The court of appeal shall try the case in its condition as it was before the ruling subject of the appeal was issued, only concerning the part in respect of which the appeal was lodged.

However, while keeping the original requests unchanged, their causes may be changed or added to. New requests may also be made providing they shall be complementing the original requests, ensuing therefrom or indivisibly connected therewith.

In both cases, the court of appeal shall grant the litigant a suitable time for replying to the causes or new requests.

Article : 59
Appealing against a final court judgement issued according to the provision of article (10) of the present law, shall result in tabling before the court of appeal the merits adjudicated on by this judgement. Until this court pronounces its final judgement, it may issue a temporary enforceable judgement concerning the right of seeing, determining a maintenance / alimony, or modifying more/less the alimony / maintenance ruled by the contested judgement.

Article : 60
Subject to the rights of bona fide third parties, appealing against the ruling or decision issued in a matter of guardianship on property shall be considered an appeal against the other matters that have not been subject of earlier appeal, and shall be tied up to the appealed ruling or decision in a way rendering the adjudication on the appeal practically impossible without re-adjudicating on these matters.

Article : 61
The time limit provided for lodging the appeal shall be sixty days for those having no domicile in Egypt, without extending such time limit in consideration of remote destinations.
The litigants as well as the public prosecution may file an appeal against the rulings passed by the courts of appeal. They may also file an appeal against the decisions issued by these courts in the matters of interdiction, absence, judicial aid, discharge of the guardianship, and removing, discontinuing, limiting, or recovering the guardianship, and continuing the guardianship or trusteeship, and the account.

Article : 62
Cancelled

Article : 63
The rulings issued for revocation of marriage contract, or for divorce, shall not be executed except after the lapse of the time limit set for appealing against such rulings. If these rulings are appealed against within the prescribed time limit, their non-execution shall continue until a final decision is issued in the appeal.

The president of the court or his delegated deputy shall determine a sitting for examining the appeal direct before the court within a time limit not exceeding sixty days from the date of depositing the appeal petition in the clerks office of the court or the date of receiving such appeal petition by the office. The public prosecution shall submit a memorandum with its view within at most thirty days before the date of the sitting determined for hearing the appeal.

If the court reverses the ruling, it shall then issue a final decision in the merits of the case.

Article : 64
No petition may be submitted for re-examination of the matters related to the guardianship on property except for the re-examination of final decisions issued in the following matters:

1.    Imposing the interdiction, determining the judicial aid, or establishing a person's absence.
2.    Confirming the elected guardian, or the proxy of absent person.
3.    Removing or limiting the power of the trustee, guardian, and proxy.
4.    Removing, discontinuing or limiting the guardianship.
5.    Continuing the guardianship or trusteeship regarding the minor.
6.    Issuing a final decision in the account.

Part 5. Executing the rulings and decisions

Article : 65
The rulings and decisions issued for handing over the young child, or seeing him, or for the alimony, maintenance, or expenses and the like shall be enforceable by the force of law and without bail.

Article : 66
The rulings and decisions issued for the custody, foster and the mandatory delivery of the young child may be executed.
The proceedings prescribed in the law shall be followed in executing the judgements pronounced in this respect.
In all cases, the procedures of execution and entry to the houses shall be according to the orders of the executor judge.
Re-execution may take place, with the same deed of execution, whenever so necessary.

Article 67
A  ruling issued for seeing the young child shall be executed in one of the places to be determined by a decree of the Minister of Justice, following the approval of the Minister of Social Affairs, unless the custodian and the person in whose favor the judgement is issued agree on another place.
In all cases, the place shall fulfill all conditions filling the child’s heart with peace and reassurance.

Article 68
The clerks office of the court issuing the ruling or decision shall add the self-executing formula thereon, if the ruling is enforceable.

Article 69
The enforcement of the ruling shall take place by means of the bailiffs or the administrative authority.
The Minister of Justice shall issue a decree concerning the  procedures of enforcing the rulings and decisions passed for the delivering, establishing the custody, seeing the young child, or determining his habitation, and persons assigned to enforce such rulings and decisions.

Article 70
Whenever a litigation is brought before the public prosecution concerning the custody of a child in the age of a woman’s guardianship, or if the custody of the child is requested temporary by a woman in whose favor a ruling will most like be issue, the public prosecution, after carrying out a suitable investigation, may issue a substantiated decision for delivering the young child to the woman with whom the child’s interests shall be realizable.
The decision shall be issued from at least a chief  prosecutor, and shall be enforceable forthwith until a ruling of the court of jurisdiction shall be issued in the subject of the child’s custody.

Article 71
A family insurance system shall be established, including within its guaranteed enforcement of issued rulings which determine a maintenance / alimony for the wife, the divorcee, the children or relatives. Nasser Social Bank shall be supervising the implementation of the said system.
A decree of Minister of Justice shall be concerning the rules, proceedings and the methods of finance of this system, following the approval of the Minister of Insurance.
 
Article 72
Nasser Social Bank shall pay the alimonies, maintenance and the like payments as ruled by the court, to the wife, divorcee, children, or parents, according to the rules and procedures to be issued by decree of the Minister of Justice following the approval of the Minister of Insurance.
 
Article 73
The ministries, governmental departments, local government units, public authorities, public sector business sector, the private sector entities, the National Social Insurance Authority, the Insurance and Pensions Department for the Armed Forces, the professional associations and syndicates, and the other entities, upon the request of Nasser Social Bank to which is attached a true copy of the executive copy of the ruling and an indication of permissible limits according to the provision of article (76) of the present law, from the salaries and the like payments, as well as the pensions, and shall deposit them in the bank’s treasury upon receiving the reguest, without the need another proceeding.

Article 74
If the condemned person does not receive a salary, wage, or pensions, and like, he shall deposit the amount which the court rules in the treasury of Nasser Social Bank or one of its branches, or the Social Affairs unit within the circuit of which his home address is located, in the first week of each month once the Bank has notified him to proceed with the settlement of the said amount.

Article 75
Nasser Social Bank shall  have the right to get back all the costs, fees and the like expenses paid thereby, as well as all actual expenditures incurred by it, due to the condiment person’s refrain from paying them.

Article 76
With the exception of the provisions prescribed by the laws concerning the rules of deducting from the salaries, wages, or pensions, and the like, the maximum amount deductible thereof, in the settlement of an alimony, maintenance, or other like debts to the wife, divorcee, children, and parents, shall be within the limits of the following percentages:
A)    25% to the wife or divorcee, and this percentage shall be 40% in case thery are more then one.
B)    25 % to the parents or either one.
C)    35% to the two or less than two children.
D)    40% to the wife or divorcee and one or two children and the two parents or either one.
E)    50% to the wife or divorcee and more then two children, and the two parents or either one.
In all cases, the percentage deducted shall not exceed (50%) to be divided among the beneficiaries, in the ratio as ruled for each of them.

Article 76 bis
In the convict refrains from executing the final judgement passed, in alimony and maintenance actions, and the like, the convict may raise the matter to the court that passed the ruling, or within whose circuit the execution occur. Once it is established to the court him to execute such ruling, but he refrains, he shall be liable for imprisonment for a period not exceeding thirty days.

It the convict executes the ruled sentence, or if he provides a surety accepted by the person in whose favor the ruling is passed, he shall be released. This shall all be without prejudice to the right of the person in whose favour the ruling is issued to execute by the ordinary methods.
In the cases where the present article is applied, the proceedings prescribed in article (293) of Penal Code may not be enforced unless the convict has already adopted the procedures referred to in the first clause.
If by physical duress the execution occurs on a person according to the provisions of the present article, the a court ruling due to the same fact is passed inflicting an imprisonment penalty according to article (293) of Penal Code, the first period of physical duress shall be deducted from the period of imprisonment as ruled against him, the fine, when levied, shall be reduced by five pounds for each day of physical duress that was already on him.

Article 77
In case of multiplicity of debts, priority shall go to the wife’s or divorcee’s alimony, then the children’s maintenance, the parents alimony, then the relatives alimony, then the other debts.
Article 78
Posing an execution complication against the alimony rulings referred to in the previous article shall not result in suspending the execution procedures.  

Article 79
Without prejudice to any stricter penalty prescribed in the Penal Code, or in any other law, imprisonment for a period of not less then six months shall be inflicted on whoever manages to obtain any amounts from Nasser Social Bank in execution of a ruling or order issued by virtue of the provisions of this law, based on forged or bogus procedures or evidences while being aware of that.
The shall be imprisonment for a period not exceeding two years, to be inflicted on whoever manages to obtain from Nasser Social Bank amounts undue to him/her, while being aware of that, along with forcing him/her to refund these amounts.

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