Case Law

Constitutional Law

• The only judicial organ with the authority to overrule legislation on constitutional grounds is the Supreme Constitutional Court.
• Lawsuits filed before the ordinary courts may raise constitutional issues, including the lack of compliance with constitutional provisions.
• The ordinary courts are not prevented from addressing constitutional matters but they lack any authority to overrule legislation on constitutional grounds as this prerogative belongs to the Supreme Constitutional Court.
• The ordinary courts have the authority to refrain from implementing a law they deem to be unconstitutional but they do not have the right to overrule it or suspend its legal effects.
• Under such circumstances, the ordinary courts are merely differentiating between two conflicting legal positions, one based on constitutional provisions and the other on a law that conflicts with such constitutional provisions.
• The ordinary courts must therefore decide which of the two legal positions shall take precedence based on the principle of constitutional supremacy over the law.

Civil Procedure

• A decision as to whether to grant a judicial custody order pursuant to an application falls under the authority of the court adjudicating the dispute in question or to the Court of Urgent Matters if the lawsuit has not been formally filed at that point.

Civil Procedure

• If a second lawsuit is registered that originates from one that has already been adjudicated but the second case contains new requests and new defences, then it should be distinguished from the first lawsuit and not treated as an appeal of the first lawsuit but rather a new case in its own right.

Civil Procedure

• The Court of Cassation considers a lawsuit on the basis of the submissions and documents presented in the case file as long as there is no violation of the public policy of the state.

Civil Procedure

• It was held that a failure to indicate the time at which service of process was made does not affect its validity as long as the person notified accordingly did not claim that service of process took place at a time when notification is not permissible.

Civil Procedure

• Gross professional negligence may be characterized as amounting to an outrageous error which conveys a lack of reasonable interest in the underlying decision-making process that gives rise to the judgment.
• Errors in the interpretation of legal texts, or in evaluating the facts of the case and drawing the correct legal conclusions from them is not included within the scope of gross professional negligence.
• The court has the right to correctly derive the concept of law, and differences in the jurisprudence of the courts does not amount to gross professional negligence.
• According to Article 260(3) of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the Court of Cassation possesses the right to overturn a judgment and replace it with its own ruling if it considers it appropriate to do so regardless of whether a request is made by the appellant to this effect.

Civil Procedure

• Appealing a judgment issued by the Court of First Instance does not render the Court of Appeal competent to adjudicate the case on its merits in the event the judgment issued by the Court of First Instance is set aside.
• Even if the judgment of the Court of First Instance is set aside by the Court of Appeal, the Court of First Instance still retains the jurisdiction to adjudicate the case on its merits.
• The authority of the Court of Appeal under such circumstances is limited to setting aside the judgment of the Court of First Instance and remitting the case back to the Court of First Instance to adjudicate the dispute on its merits.

Civil Procedure

• It is not permissible to exclude the competent Syrian courts according to the rules of Syrian law since the jurisdiction of the Syrian courts is a matter of the public policy of the state.
• Syrian citizens cannot opt for the jurisdiction of foreign courts in their relations with foreign nationals when the Syrian courts are competent to adjudicate the dispute.
• If there is no objection by the defendant to the jurisdiction of the Syrian courts, then the said courts will be competent to adjudicate the lawsuit.
• A Syrian national cannot relinquish the authority of the Syrian courts to hear a case.
• The rules on excluding the competence of foreign courts to adjudicate disputes where the Syrian courts possess original jurisdiction only apply to disputes before the ordinary judiciary.
• Such rules do not apply with respect to arbitrations, especially international arbitrations where the seat of arbitration is a jurisdiction other than Syria and includes the appointment of foreign arbitrators.
• The recognition by Syrian courts of foreign arbitral awards that have a nexus to Syria does not constitute a violation of state sovereignty, which is a part of the public policy of the state.

Civil Procedure

• Gross professional negligence committed by a judge is one that goes beyond reasonable limits while a difference in the application of jurisprudence by the courts does not necessarily amount to gross professional negligence.

Civil Procedure

• A lawsuit against a judge before the General Assembly of the Court of Cassation cannot be brought against the President of the Supreme Agricultural Arbitration Council given that it is an exceptional body that adjudicates agricultural disputes.
• In light of the fact that Article 486 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, limits such lawsuits to judges and representatives of the Public Prosecutor’s Office, it cannot be extended to apply to the President of the Supreme Agricultural Arbitration Council.

Civil Procedure

• A court judgment may be appealed from the date that the judgment creditor notifies the judgment debtor of its issuance.
• If a litigant notifies their opponent of the issuance of the judgment, the appeals period starts from the date of such notification and the statute of limitations is applicable to both parties.

Civil Procedure

• With respect to Article 182 of the Civil Code provided for in Legislative Decree 84/1949, a party who receives a payment which is not due to them must return it.
• However, such a party is not bound to return the payment if they made such a payment with the knowledge that they are not legally bound to make such a payment, unless they lacked competency or were under duress to make the payment.
• A dispute of this nature with the state falls under the jurisdiction of the Council of State Administrative Court unless another judicial entity has been prescribed accordingly.
• The Civil Division of the Court of Cassation held in Court Judgment No. 2097/1981 that a claim by an individual to recover a taxable amount paid to the Ministry of Finance on the grounds that the individual was not a merchant and consequently did not fall under the purview of the Taxation Reconsideration Committee was to be heard by the judiciary, being the Council of State Administrative Court, as there was no provision for the Taxation Reconsideration Committee to adjudicate such a dispute.

Civil Procedure

• The rules pertaining to res judicata whereby a court judgment is final, conclusive and subject to enforcement are among the most narrowly interpreted rules that limit a court judgment to the respective litigants in their declared capacity.

Civil Procedure

• According to Article 315(1) of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the Court of Urgent Matters shall have the authority to impose a provisional attachment order based on an ex parte request by the claimant without notice provided to the defendant.
• According to Article 315(2) of the Civil Procedure Code, the claimant shall file a formal lawsuit with the courts within eight days from the date the provisional attachment order is executed.
• According to Article 316 of the Civil Procedure Code, the trial court adjudicating a lawsuit on its merits may impose a provisional attachment order during the course of legal proceedings.
• It was held that in circumstances where a provisional attachment order is imposed pursuant to Article 316 of the Civil Procedure Code, any objection to the provisional attachment order must be filed before the same trial court and not by means of an appeal to the Court of Appeal.
• If the provisional attachment order is to be challenged along with the judgment issued by the trial court, then the legal basis for the provisional attachment order may be appealed along with the said judgment before the Court of Appeal.
• The principle contained in Article 316 of the Civil Procedure Code is similarly applied in criminal proceedings as well.

Civil Procedure

• Interim orders issued on an urgent basis prior to the enforcement of a formal ruling in a lawsuit shall suspend the execution of the said ruling.
• Interim orders of this nature are issued by the Magistrate of the Peace or the Court of First Instance when acting in their capacity as the Court of Urgent Matters.
• Such interim orders may be challenged by way of appeal within five days from the day following their notification to the relevant party.

Civil Procedure

• Judges should not address a matter that is not contested before them, or otherwise they are at risk of committing gross professional negligence.
• The jurisprudence of the judiciary has settled that neither the Court of Appeal nor the Court of Cassation may decide on a matter that is not submitted before them.
• The Court of Appeal and the Court of Cassation may also not discuss a point that is not covered by the appeal in question.

Civil Procedure

• A final and conclusive court judgment shall possess the force of law even if it is tainted by a defect as to its form or on its merits, whether it contains a mistake or is contrary to the public policy of the state.
• The parties shall refrain from attempting to litigate the case once again even if new evidence arises, new information comes to light, or if a matter was raised but not addressed by the judges in their ruling.

Civil Procedure

• An appeal shall be accepted and the underlying judgment shall be set aside due to defective legal representation before the trial court.
• Defective legal representation arises when the terms of the power of attorney issued in favour of a lawyer by their client are inconsistent with the provisions of the law.

Civil Procedure

• Court judgments that are final and conclusive by nature, whether because they obtained the status of res judicata or the time limit for the appeals processes have expired, become enforceable in their own right without any further approvals.
• The executive branch of government is constitutionally bound to enforce court judgments based on the principle of the separation of powers, even in disputes affecting the state.
• The judgments of the General Assembly of the Court of Cassation are like any other court rulings and are enforceable in their own right.
• The rulings by the General Assembly of the Court of Cassation are considered final, conclusive and enforceable by nature, and cannot be litigated further.
• The General Assembly of the Court of Cassation represents the highest judicial entity in the land and its decisions have binding legal authority.
• The General Assembly of the Court of Cassation is exclusively competent to hear nullification proceedings against resolutions issued by the Supreme Judicial Council, which are administrative in nature.
• The Supreme Judicial Council was established by the Judicial Authority Law 98/1961 to be the main organ responsible for the organization of the judiciary and by extension, the court system.
• The Supreme Judicial Council acts as the disciplinary authority for the judiciary and its duties include appointing, dismissing and transferring judges, and ensuring that the court system is operating properly.
• When undertaking a judicial review of a decision issued by the Supreme Judicial Council, the General Assembly of the Court of Cassation may examine the facts, the validity of the formation of the Supreme Judicial Council, the legality of such formation and so forth.
• The General Assembly of the Court of Cassation possesses exclusive competence to adjudicate any decision related to the affairs of judges in accordance with Article 51 of the Judicial Authority Law and its rulings are final, conclusive and not subject to appeal.
• If a dispute arises surrounding the nullification of a court ruling, the litigants have a choice whether to challenge it if it is subject to appeal.
• If no further recourse to an appeal exists with respect to a nullification of a court ruling, the litigants may submit a request to the court that issued the verdict to set it aside because nullification does not alter the methods of appeal or the rules of jurisdiction, but rather indicates that the court order does not exist in law.

Civil Procedure

• The public policy of the state holds that certain domains are within the exclusive competence and jurisdiction of the Syrian judiciary.
• The rules pertaining to local jurisdiction concerning real estate claims and lawsuits pertaining to the possession of property are not necessarily considered to be part of the public policy of the state.
• The public policy of the state does however regard civil status and bankruptcy cases as falling within the exclusive purview of the competence and jurisdiction of the Syrian judiciary.
• Unless stipulated by law that the public policy of the state is applicable, such as in civil status and bankruptcy cases, the rules pertaining to local jurisdiction are not influenced by the public policy of the state.

Civil Procedure

• It is the right of an individual to sue before the court competent to adjudicate the dispute.
• The mandate of the General Assembly of the Advisory Division in the Council of State is limited to disputes related to the public administration and public interests.
• If the dispute involves an ordinary individual and the lawsuit cannot be divided to take into account matters pertaining to the public administration and public interests, the jurisdiction of the ordinary civil courts covers the entire dispute.

Civil Procedure

• While a dispute between an individual and a state entity is usually the purview of the administrative judiciary in the Council of State, individuals possess the right to have their claims heard before the ordinary judiciary.
• An individual will normally retain their right to litigate before the ordinary judiciary unless the nature of the dispute is related to matters concerning the public administration and its interests.

Civil Procedure

• The court may retract its preliminary ruling if facts come to light which necessitate reversing its decision, even if implicitly.
• Such a measure is the prerogative of the trial court and does not amount to gross professional negligence.
• The judge must rule according to their conscience and based on the available evidence and defences presented in order to identify the litigant with the right to have the judgment rendered in their favour.

Civil Procedure

• Decisions issued by the Execution Department, which enforces court judgements, may be appealed before the Court of Appeal.
• Even if the Court of Appeal erred in its decision, it cannot be appealed to the Court of Cassation.

Civil Procedure

• Damages shall be estimated on the date of the court judgment and not on the date the incident occurred.

Civil Procedure

• If a unanimous court ruling is being challenged before the General Assembly of the Court of Cassation, then the challenge shall be directed against all the judges.

Civil Procedure

• A lawsuit against the respective judges of the Court of Cassation is heard by the General Assembly of the Court of Cassation.
• Accordingly, the case must be registered in the office of the General Assembly of the Court of Cassation and not in any other court that is not competent.

Civil Procedure

• The violation of an explicit provision of the law, the jurisprudence established by case law, or the public policy of the state, oftentimes referred to as the public order, by a judge constitutes gross professional negligence that requires their judgment to be set aside.

Civil Procedure

• Parties wishing to submit defences must do so at the stage of the trial court and not at a later period as only defences submitted to the trial court may be reiterated at a later stage.
• A dispute as to the interpretation of the law does not in itself give rise to gross professional negligence on the part of the judges even if the interpretation was wrong.
• Gross professional negligence does not include a mistake by a judge in the reasoning they apply to interpreting a contract to extract the intention of the contracting parties because such a method is within the core competence of a judge.
• The legislature has granted discretionary authority to judges to apply their reasoning in the interests of achieving justice when disputes between parties arise.
• According to Article 52(1) of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the claimant shall determine the value of the real estate property in dispute in order to refer the case to the appropriate court.
• If there is an objection to the claimant’s valuation, reference shall be had to the records at the Ministry of Finance, or failing which, the matter shall be subjected to an expert valuation.
• According to Article 52(2), it is not permissible to object to the valuation of the real estate property in question in connection with determining the jurisdiction of the court more than once.
• Such objection shall be raised before the case is heard on its merits.
• It was held that the plea of lack of jurisdiction with respect to the valuation of the real estate property as per Article 52 of the Civil Procedure Code must be raised before any other defence or else the right to object is waived.

Civil Procedure

• A claimant filing a lawsuit before the General Assembly of the Court of Cassation must grant a special power of attorney to their lawyer to enable the latter to pursue the claim on their behalf.
• It is not enough to rely on a special power of attorney authorizing the lawyer to represent their client before the trial court or the appellate courts as the claim before the General Assembly of the Court of Cassation involves a lawsuit against the respective judges of the Court of Cassation.

Civil Procedure

• One of the well-established legal principles is that the legislature is the body which enacts and determines the methods for appealing court judgments.
• Judges have no right to neglect the rules for appealing court judgments as they form the basic principles of law to be applied accordingly.
• If judges neglect the rules for appealing court judgments, their actions would amount to gross professional negligence.
• The jurisprudence established by the General Assembly of the Court of Cassation confirms that the courts are committed in their rulings to applying the legal rules approved by the General Assembly of the Court of Cassation.
• Failure to abide by this established jurisprudence of the General Assembly of the Court of Cassation amounts to gross professional negligence on the part of the courts, thereby necessitating the overturning of their judgments.

Civil Procedure

• A trial judge must base their ruling on legal reasoning that they believe to be accurate depending on the evidence presented to them.
• The trial judge must be guided by the statements, arguments and requests of the litigants and respond to them where appropriate.

Civil Procedure

• Judicial rulings cannot be objected to by third parties until they are deemed final, conclusive and subject to enforcement, and as long as the said third party can show or indicate the harm they suffered or will suffer as a result of the issuance of the ruling.

Civil Procedure

• The failure to attach the original statement of claim in the documents submitted to the General Assembly of the Court of Cassation in furtherance of a lawsuit does not constitute a reason for rejecting the lawsuit by the General Assembly of the Court of Cassation as long as the contents of the original statement of claim are proven by the court judgment under review.

Civil Procedure

• The court to which a case is referred by the Court of Cassation must adhere to the ruling of the Court of Cassation according to its directives and to do otherwise, constitutes gross professional negligence by the court in question that leads to its judgment being set aside.

Civil Procedure

• Adhering to the jurisprudence of the Court of Cassation takes precedence when faced with similar cases that have been adjudicated accordingly because it determines the path for the courts that must follow its guidance in interpreting the law.

Civil Procedure

• The failure to mention all the defendants in a judgment is one of the material errors that can be corrected and does not amount to gross professional negligence.

Civil Procedure

• The adoption of a judgment based on the jurisprudence of the Court of Cassation negates any allegation of gross professional negligence by the court in question even if the legal reasoning conflicts with other jurisprudence.

Civil Procedure

• When a judgment is appealed to the General Assembly of the Court of Cassation, the enforcement of the underlying judgment is stayed as soon as the appeal is accepted in form by the General Assembly of the Court of Cassation.

Civil Procedure

• The rationales for filing a claim before the General Assembly of the Court of Cassation are that it constitutes an exceptional appeals procedure and provides accountability for judges.
• If a litigant files a claim before the General Assembly of the Court of Cassation and it is rejected as to form or subject matter, then the litigant shall not pursue the claim further.

Civil Procedure

• If certain matters of a lawsuit have acquired the status of res judicata by means of a ruling to this effect by the Court of Cassation and are therefore not subject to any further litigation, such defined matters must not be dealt with when the lawsuit is appealed for the second time before the Court of Appeal and the Court of Cassation.
• Such instances of second appeals occur when the Court of Cassation remits a case back to the Court of Appeal for the latter to make a revised ruling.

Civil Procedure

• A judgment issued by the Court of Cassation must be followed even if it contradicts other jurisprudence on similar matters.
• A failure to adhere to such a judgment amounts to gross professional negligence.

Civil Procedure

• A lawsuit before the General Assembly of the Court of Cassation challenging a judgment can only be brought by a party to the original case, not a third party.

Civil Procedure

• A simple error in interpreting the jurisprudence established by case law is an ordinary one that does not necessarily amount to gross professional negligence on the part of the court requiring its judgment to be set aside.

Civil Procedure

• The appellant filing an appeal before the General Assembly of the Court of Cassation may not present new submissions and defences that were not previously raised in the trial court.

Civil Procedure

• According to Article 164 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, a judge may suspend a ruling on the merits of a case if a related issue on which the lawsuit in question depends needs to first be adjudicated.
• It was held that if a court decides under such circumstances not to suspend proceedings but rather instructs a litigant to submit their defences, such a decision does not amount to gross professional negligence.
• It is within the discretionary authority of the court to determine whether it is appropriate to suspend proceedings pending a ruling on a related matter.
• If the court finds that it can proceed to a ruling with the evidence at hand, then it is not obliged to suspend proceedings pending a ruling on a related matter.

Civil Procedure

• The requirement for a claimant to sustain damage, which is an element of a tort, must be proven in order to claim compensation.
• If a claimant is not seeking damages for the harm they are alleging to have sustained, then the court should not entertain the dispute.

Civil Procedure

• If a matter is deemed urgent and the party likely to suffer some sort of detriment possesses sufficient evidence at hand, they may file an expedited lawsuit before the Court of Urgent Matters for summary relief.
• It was held that the Court of Urgent Matters has the authority to expel an individual who was in adverse possession of a real estate property if there is no legal justification for their presence.
• The Court of Cassation ruled in Court Judgment No. 76/1983 that such expulsion cases are at the core of the jurisdiction of the Court of Urgent Matters and that matters of urgency are those where the courts deem time is of the essence.
• The Court of Cassation also held in Court Judgment No. 76/1983 that the state of urgency relates to the material facts of the case in which the trial court enjoys independence in investigating without being subject to the control of the Court of Cassation in this regard.
• It was also described in Court Judgment No. 76/1983 that the jurisdiction of the Court of Urgent Matters is in every way surrounded by urgency.
• The Court of Cassation remarked in Court Judgment No. 242/1995 that the summary judgment issued by the Court of Urgent Matters has temporary authority due to its urgency and may be challenged.
• The Court of Cassation also held in Court Judgment No. 242/1995 that the Court of Urgent Matters must evaluate the evidence in a way that does not violate the provisions of the Evidence Code provided for in Law 359/1947.

Civil Procedure

• If an appellate court finds that the judgment issued by the trial court is contrary to the jurisprudence of the General Assembly of the Court of Cassation, it must set it aside and remit the case back to the trial court with the appropriate directives.

Civil Procedure

• The decision of the judge in the Court of Urgent Matters to impose a provisional attachment order does not amount to the judge in question expressing their opinion on the matter in dispute.
• If the said judge were to sit in the Court of Appeal and adjudicate the lawsuit on appeal that was filed subsequent to the imposition of the provisional attachment order, doing so shall not violate the law.

Civil Procedure

• The courts must rectify any errors in judgment on their part in applying the law whether on their own initiative or at the request of a litigant.
• The clerk of the court shall make a record of the correction on the original version of the judgment and sign it alongside the presiding judge.
• The dispute centred around the incorrect insertion of a legal charge in the Land Registry as mandated by the court hearing the case, which subsequently required the issuance of a rectification order by the court in question to avoid a litigant’s right being compromised.

Civil Procedure

• Articles 501-503 and other provisions of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, deal with circumstances where a lawyer has exceeded their authority in a power of attorney granted to them by their client, which gives rise to a client formally petitioning the court in question to repudiate the attorney’s submissions.
• A request for such a repudiation is not heard by the court until after the attorney is required to disavow their submissions.
• If the client approved of the attorney’s submissions, a request for repudiation cannot be filed before the court.
• If a court neglects in its duty to examine such a request submitted to it, the court would have committed gross professional negligence, which nullifies its judgment.

Civil Procedure

• It is not permissible for more than one claimant to initiate a single lawsuit unless their claims arise from a single obligation, whether a contractual, tortious or other legal obligation.

Civil Procedure

• If an appellant failed to show proof that they paid stamp duty when filing their appeal, such an act shall not constitute a reason for rejecting the appeal.
• It is the responsibility of the court employee to inform the appellant accordingly of such administrative requirements.
• If the court employee does not do so, the appellant shall not be asked about the employee’s negligence for failing to inform them.

Civil Procedure

• The Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, is considered to be a general law that is referred to in matters not stipulated for in the Criminal Procedure Code provided for in Legislative Decree 112/1950.
• Where the Criminal Procedure Code is silent on a procedural matter, reference shall be had to the Civil Procedure Code.
• It was held that if a procedural deadline coincides with an official holiday, reference shall be had to Article 37 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, which mandates that the said deadline is extended until the following working day after the official holiday.

Civil Procedure

• No legal text may withhold from a person the right to sue as denying an individual’s right to litigation is deemed unconstitutional.

Civil Procedure

• Gross professional negligence amounts to a deviation from the basic principles of the law or ignorance of the facts established in the case.

Civil Procedure

• While the Court of First Instance and the Court of Appeal are concerned with both questions of fact and law applicable in a given lawsuit, the Court of Cassation evaluates whether earlier judges have applied the law incorrectly rather than delve into the facts of the case.
• When an appeal is lodged before the Court of Cassation, the judges will determine whether the law has wrongfully been applied to the case at hand and if so, will remit the case back to the either the Court of Appeal or the Court of First Instance.
• It was held that if the same case is appealed to the Court of Cassation for a second time, the Court of Cassation will adjudicate on both the facts and the law applicable to the lawsuit at hand.
• On a second appeal, the Court of Cassation will adjudicate a dispute based on the documents and evidence available in the case file.

Civil Procedure

• It is not permissible for a judge to first review a case and form a specific opinion as to the merits of the dispute to then participate in proceedings by a higher court in issuing a judgment on the same subject matter.
• If a judge does so, it would render the ruling void since the said judge’s opinion would not count towards the judgment.

Civil Procedure

• The Government Legal Department is a body comprised of lawyers under the authority of the Ministry of Justice, which dispatches the said lawyers to represent government entities in litigation cases.
• If the Government Legal Department files a lawsuit against a defendant and the court rules against the defendant on a claim that the Government Legal Department did not raise, then the court would have exceeded its competence.

Civil Procedure

• Jurisprudence has established that the sale of private property belonging to a municipality constitutes an ordinary contract and any dispute over the implementation of the said contract belongs to the ordinary judiciary, not the Council of State Administrative Court.
• The conclusion of a contract between a public entity and another party does not automatically lead to the agreement being designated as an administrative contract.
• In deciding whether an agreement constitutes an administrative contract, the distinguishing criterion is derived not from the identity of the contracting party but from the subject matter of the contract and its connection to a public utility.
• The intention of the public entity in resorting to principles of public law as opposed to private law is also taken into consideration.
• When compared to ordinary contracts, administrative contracts contain conditions that would be deemed unfamiliar in the context of ordinary contracts.
• The sale by the municipality of private property without resorting to such unfamiliar conditions shall be deemed an ordinary contract.
• As such, the ordinary courts shall have jurisdiction over such disputes.
• As long as the property in question belongs exclusively to the municipality and not the general public, then the Council of State Administrative Court should not exercise jurisdiction over any such contractual dispute.

Civil Procedure

• There is a difference between a defective judgment and a voidable judgment.
• A defective judgment is one that is based on procedural irregularities though the underlying ruling is legally sound on the merits.
• An underlying ruling in a defective judgment is not affected because the flaws do not extend to the legal reasoning underpinning the judgment.
• A defective judgment may be appealed to the Court of Appeal.
• If the Court of Appeal agrees that the appeal is valid, then the court that issued the defective judgment in the first place will be directed to declare its deficiency.
• A voidable judgment is one that lacks legal validity such as due to the fact that it was issued by a court that lacks competence, or the court neglects to consider defences raised or motions requested by a litigant.
• If a voidable judgment is no longer subject to appeal and has the reached the final and conclusive stage subject to enforcement, then the judgment will no longer be voidable.
• In order for a voidable judgment to be voided, it must be appealed before the Court of Appeal.

Civil Procedure

• The appropriate forum for litigation proceedings against the management of a company shall be in a court located in any province where the said corporation has a branch.
• There has to be a nexus between the presence of an entity and a court in the same location for a lawsuit to be adjudicated by the said court.
• In their capacity as General Manager of the state-owned Syrian Insurance Corporation, the said General Manager represents the entity in all the provinces where it has branches.
• Any litigation proceedings involving the Syrian Insurance Corporation and its General Manager shall be valid in any court located in a province where the company has a branch.

Civil Procedure

• The right of a third party, who is not a litigant, to object to a court judgment that infringes on their rights, as stipulated for in the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, was reiterated.
• It was held that the right of a third party to object did not apply to the actual litigants in the case that resulted in the issuance of the said ruling since they already possessed the rights of appeal.

Civil Procedure

• The court’s reliance on the jurisprudence followed by the Court of Cassation cannot amount to gross professional negligence.

Civil Procedure

• According to Article 266 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, any person who was not a litigant in a lawsuit has the right to object to a judgment affecting their rights.
• It was held that there are two conditions to satisfy before a third party could object to a judgment.
• The first condition is that the third party was not a litigant, was not represented and was not involved in the concerned lawsuit that was adjudicated.
• The second condition is that the judgment rendered in that case infringes their rights.

Civil Procedure

• According to Article 260 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the Court of Cassation shall seize jurisdiction of a case and decide it on the merits if the dispute is ready for adjudication, even if the appeal is for the first time.
• It is not permissible to reopen the pleadings process and delegate the Court of Appeal to hear witness testimony unless the appeal is for a second time.
• On the first appeal, the Court of Cassation must overrule the judgment and return it to the relevant court if it considers the case incomplete.

Civil Procedure

• A final and conclusive court judgment possesses the status of res judicata even if it includes a mistake in the application of the law or a violation of the public policy of the state.

Civil Procedure

• The use of a power of attorney by a lawyer on behalf of their deceased client opens up the said lawyer to disciplinary action before the Bar Association as well as civil liability.
• In the absence of any alleged forgery by the lawyer, the use of a power of attorney on behalf of a deceased client does not constitute a criminal offense.

Civil Procedure

• It is not permissible to initiate more than one lawsuit against the same decision complained of because each claim corresponds to one lawsuit.
• If a claim is instituted and dismissed, it is not permissible to be filed again.
• To do otherwise amounts to gross professional negligence on the part of the court that accepts the lawsuit which was previously dismissed.

Civil Procedure

• If a court judgment contains defects or errors, they may be rectified by resorting to the appeals process.
• In the event the appeals process has been exhausted or the statute of limitations to appeal a court ruling has expired without any challenge by the judgment debtor, then the judgment shall nonetheless be deemed valid and legitimate.
• Questioning the validity and legitimacy of a court judgment that is deemed final, conclusive and enforceable constitutes gross professional negligence on the part of the judges who do so.
• The Court of Cassation ruled in Court Judgment No. 1582/2002 that final and conclusive judgments possess absolute authority, which may not be compromised in any way, and litigants are prohibited from seeking to litigate the case in question once again even if new evidence arises.

Civil Procedure

• The court that ordered a provisional attachment order is bound to rule on the validity of such an order with respect to the residence of the party against whom the order was imposed, not the Execution Department which enforces the judgments of the courts.

Civil Procedure

• The legal interest incurred on a court judgment order for damages, as established by law, shall be payable by the judgment debtor to the judgment creditor on the date when the judgment in question becomes final and conclusive until the date of full payment of the damages by the judgment debtor to the judgment creditor.

Civil Procedure

• Whenever the Minister of Finance issues a provisional attachment order, or an asset freeze against an individual or an entity, they are in effect acting on behalf of the Court of Urgent Matters in this regard.
• Any objection or request to revoke such a provisional attachment order takes the form of a lawsuit filed before the Court of Urgent Matters.
• The litigation of the lawsuit pertaining to the provisional attachment order shall be directed against the Minister of Finance if the order is imposed in the interests of the Ministry of Finance.
• The litigation of the lawsuit pertaining to the provisional attachment order is not valid unless it is directed against the public authority for whose benefit the order was imposed.
• Pursuant to Article 315 of the Civil Procedure Code provided in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, there is an eight-day period when a formal lawsuit has to be registered against the defendant whose assets are subject to the provisional attachment order.
• The eight-day period begins after the end of the investigation, inspection or referral of the matter that gave rise to the provisional attachment order from the respective disciplinary council to the judiciary, not from the date the provisional attachment order was issued.
• If the Minister of Finance imposed the provisional attachment order on the basis of an investigation or inspection, then the eight-day period commences from the date the provisional attachment order was issued.

Civil Procedure

• If a court rules in favour of an appeal on its merits in accordance with Article 495 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the court must nullify the original judgment.
• Pursuant to Article 496 of the Civil Procedure Code, the appellate court that set aside the original judgment may render a ruling in its place if it deems it appropriate to do so.

Civil Procedure

• A litigant may submit an interlocutory application to the court to assist with the preparation of their case to ensure it remains on track.
• An interlocutory application could be made pursuant to Article 158 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016.
• It was held that an interlocutory application may include additions or amendments to a claim while the original subject matter remains unchanged.
• It was also held that whether a court accepted or rejected an interlocutory application is a matter of public policy.

Civil Procedure

• The validity of litigation is derived from the public policy of the state as well as law.
• The courts may raise the matter of the public policy of the state at any stage of the court proceedings.

Civil Procedure

• It was held that the adjournment of litigation proceedings is subject to two conditions:
• 1. If a litigant can establish that the court is acting outside the scope of its jurisdiction since it is not competent to hear the case.
• 2. In the event unforeseen circumstances arise in a case that require bifurcation of the dispute and adjudication on the subject matter that gave rise to the unforeseen circumstances.
• In the event of a lack of competence, litigation proceedings shall be terminated accordingly.
• In the event of unforeseen circumstances, litigation proceedings shall be suspended pending adjudication of the merits of the case that gave rise to the unforeseen circumstances.
• A judge’s ruling to delay the case and stop proceedings accordingly shall not be regarded as a conclusive decision requiring the court to relinquish authority over the lawsuit.

Civil Procedure

• Deviating from the general principles decided by the General Assembly of the Court of Cassation amounts to gross professional negligence and requires any such decision to be set aside.

Civil Procedure

• If there is no legal basis for the court litigation proceedings in question, then any ruling issued pursuant to such proceedings shall be deemed null and void.
• Given that there is no legal basis to the ruling in question, the respective litigant may request the court that issued the ruling to reconsider its decision and vacate its verdict, which indicates that there is judicial recourse to set aside the judgment.
• Where the verdict issued with no legal basis is final, conclusive and not subject to appeal, the lawsuit shall be deemed unacceptable and must be dismissed as to form.
• The motion by a litigant to set aside a judgment with no legal basis is among the requests that may be repeated several times and a rejection does not prevent the submission of a new application.

Civil Procedure

• According to Article 262 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, the court to which a case is referred must follow the ruling of the Court of the Cassation.
• It was held that a contradictory judgment that does not sit well with the established jurisprudence is deemed obligatory to observe in line with Article 262 of the Civil Procedure Code.
• Even the relevant chamber of the Court of Cassation which is reviewing the case must accept the judgment as is.
• Nevertheless, the General Assembly of the Court of Cassation may accept a lawsuit disputing the basis of the contradictory judgment issued and followed by the courts.
• Unless such a lawsuit is filed with the General Assembly of the Court of Cassation, the contradictory judgment that does not sit well with the established jurisprudence is likely to stand.

Civil Procedure

• The relevant chamber of the Court of Cassation must follow its judgments or risk a claim for gross professional negligence.

Civil Procedure

• A court trying a case on its merits must open the opportunity for the litigants to submit pleadings, give the parties the opportunity to present their defences, discuss and evaluate the evidence available in the case file, and then render a judgment it deems to be in accordance with the law to avoid any allegation of gross professional negligence.

Civil Procedure

• The participation of the same judge in issuing two court judgments in the same case in two stages of litigation renders the second ruling null and void.

Civil Procedure

• The waiver of a lawsuit by a litigant shall result in a cessation of court proceedings, including the pleading of the case.

Civil Procedure

• Failure to claim damages in a lawsuit obliges the court to dismiss the claim on procedural grounds.

Civil Procedure

• A defective judgment is one that is based on procedural irregularities though the underlying ruling is legally sound on the merits.
• Where a court judgment is defective, such as due to the fact that one of the judges should have recused themselves from the trial as a result of a conflict of interest but did not, the General Assembly of the Court of Cassation would not be competent to hear the case to set aside the defective court judgment.
• The court judgment in itself would have no legal basis as the judicial body that heard it was not properly constituted and the defective judge’s opinion would not be counted in the ruling.
• Under such circumstances, the litigant seeking to set aside the defective judgment would have to file a motion to do so before the court that issued the ruling, not the General Assembly of the Court of Cassation.
• The General Assembly of the Court of Cassation is not competent to consider defective judgments because its jurisdiction is limited to the conditions stipulated for in Article 486 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016.
• Article 486 of the Civil Procedure Code provided for in Legislative Decree 84/1953 stipulated that lawsuits may be filed before the General Assembly of the Court of Cassation where (a) a judgment may be deemed fraudulent, treacherous or subject to gross professional negligence; (b) if a judge refuses to consider a motion submitted to them; or (c) where the law imposes certain judicial responsibilities that were not complied with by the court.

Civil Procedure

• The failure by a court to explain its judgment or respond to the defences submitted to it does not constitute gross professional negligence.
• The General Assembly of the Court of Cassation further stated in Court Judgment No. 556/2007 that such a failure to respond to the defences submitted will not constitute gross professional negligence on the part of the court as long as its judgment is legally sound.

Civil Procedure

• The issuance of a judgment against a deceased individual against whom a lawsuit was instituted shall be deemed as null and void.
• Article 165 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, was interpreted to mean that it was permissible to adjudicate a case against a party who dies during the course of the trial while the case was ready for judgment by the date of their death.
• If a lawsuit is filed against a deceased individual, the court proceedings and the subsequent ruling shall have no legal effect.

Civil Procedure

• It is not permissible to seek judicial redress with respect to a matter that has not previously been referred to the competent authority responsible for it in the first place.

Civil Procedure

• If an appeal judgment lists the incorrect number and date of the court judgment under appeal, it can be corrected.

Civil Procedure

• The replacement of experts appointed by the court in the midst of their investigations does not amount to gross professional negligence.

Civil Procedure

• The courts are not required to respond in detail to every ground for an appeal listed by the appellant but the reasoning of the appeals court should be sufficient in covering the grounds in general.

Civil Procedure

• A peremptory judgment that is deemed final, conclusive and subject to enforcement enjoys the status of res judicata even if it is tainted by a defect on procedural or substantive grounds, or if it contradicts the public policy of the state.

Civil Procedure

• No amount of damages can compensate for the loss of life but nevertheless compensation shall be payable to the deceased’s family where the defendant is found to have caused the unlawful death of the concerned individual.
• The amount of such compensation should be logical in order to redress the harm suffered.
• Furthermore, the amount of damages should take into account the purchasing power of the victim’s family as well as any inflationary pressures.
• The basis for calculating the appropriate amount of compensation derives from the date of the ruling, not the date when the unlawful death occurred.

Civil Procedure

• If a minor does not dismiss their lawyer after they attain the age of majority, then it shall be implied that the concerned individual is satisfied to maintain the same lawyer for the case in question.

Civil Procedure

• If the time of the upcoming court hearing is not specified, then the defendant must wait until the end of the official working hours.

Civil Procedure

• A claim before the General Assembly of the Court of Cassation is not admissible if there is another legal procedure for the litigant to realise their right.

Civil Procedure

• A claim before the General Assembly of the Court of Cassation is not admissible if the litigant has lost or waived their right to an appeal.

Civil Procedure

• If a judge who replaces another judge in an ongoing case does not review the case file in detail, their actions do not give rise to allegations of gross professional negligence.

Civil Procedure

• Decisions of the Court of Appeal must be appealed before the relevant chamber of the Court of Cassation, not the General Assembly of the Court of Cassation.

Civil Procedure

• In a case before the General Assembly of the Court of Cassation alleging gross professional negligence on the part of the judges who issued the judgment under dispute, the claim for compensation by the claimant shall be levied against the state as represented by the Minister of Justice.
• The request for compensation may not be limited to the actions of the judges who issued the judgment under dispute.
• The Minister of Justice is considered the legal representative of the state in such cases and must be sued on behalf of the state.
• The General Assembly of the Court of Cassation held in Court Judgment No. 192/2009 that the state must be sued as it is responsible for the compensation awarded in such cases before the General Assembly of the Court of Cassation.

Civil Procedure

• There are no guarantees against defects arising during public auctions that are authorized pursuant to judicial or administrative decisions.

Civil Procedure

• Article 262 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016, stipulates that it is imperative for a court to which a case is referred to adhere to the ruling of the Court of Cassation.
• The jurisprudence of the General Assembly of the Court of Cassation has established that pursuant to Article 262 of the Civil Procedure Code, failure to adhere to a ruling of the Court of Cassation invalidating a lower court judgment amounts to gross professional negligence on the part of the said court if it does not follow it.
• The fact that the Court of Cassation has invalidated a ruling means that adhering to it relieves the lower court of any claim of gross professional negligence levied against it.

Civil Procedure

• Exceeding the parameters of the decision rendered by the General Assembly of the Court of Cassation or deviating from it amounts to gross professional negligence.

Civil Procedure

• The General Assembly of the Court of Cassation hears disputes when the underlying judgment is final, conclusive and not subject to further appeal.

Civil Procedure

• The silence of the litigants and the lack of objections to the nomination of experts by the court indicates tacit approval of their appointment.

Civil Procedure

• The Court of Cassation may itself decide the merits of a case if it overruled the judgment the first time around and the case is ready for adjudication.

Civil Procedure

• The opinions held by a minority of the experts shall not be taken into consideration by the courts in adjudicating a case.

Civil Procedure

• A statute of limitations may be interrupted by a judicial claim.

Civil Procedure

• The claimant filed the lawsuit against the defendant successfully claiming the value of two cheques worth $40,000.00 (US) drawn on a Lebanese bank but the bank account had an insufficient balance.
• The Commercial Chamber of the Court of Cassation nevertheless overturned the judgment and dismissed the case because it found that the statute of limitations period had expired.
• The original claimant then filed a claim against the judges of the Court of Cassation before the General Assembly of the Court of Cassation, alleging that their decision amounted to gross professional negligence.
• The General Assembly of the Court of Cassation ruled that the Court of Cassation had indeed erred in its legal reasoning and found that the statute of limitations period had not expired.
• The General Assembly of the Court of Cassation remitted the case back to the Court of Cassation to revise its ruling.
• On a second hearing of the case, the Commercial Chamber of the Court of Cassation refused to adhere to the directives of the General Assembly of the Court of Cassation and reaffirmed its earlier ruling that the statute of limitations period had expired.
• The decision of the Court of Cassation was significant in that it was legally bound to follow the jurisprudence of the General Assembly of Court of Cassation but refused to do so.
• The original claimant then filed a second claim against the judges of the Court of Cassation before the General Assembly of the Court of Cassation, once against alleging gross professional negligence, especially since the judges refused to follow the directives of the General Assembly of the Court of Cassation.
• The original claimant submitted that the rulings and jurisprudence in general of the General Assembly of the Court of Cassation attain the status of law.
• The General Assembly of the Court of Cassation responded that not every decision issued by it amounts to declarations of the law.
• Rather, the original source of the law are the pieces of legislation issued by the legislature.
• The courts and the General Assembly of the Court of Cassation seek to interpret legislation and establish jurisprudence with the status of law where gaps exist in legislative provisions or where laws are silent with respect to certain matters, thereby obliging the courts to step in and invoke, in order of priority, Sharia law, customary practices, and the principles of natural law and the rules of equity as mandated by Article 1(2) of the Civil Code provided for by Legislative Decree 84/1949.
• Quite surprisingly, the General Assembly of the Court of Cassation held that where it erred in the application of a legislative provision or it violated its own established jurisprudence, the Court of Cassation was justified in not following its directives and it was preferable for the Court of Cassation to reverse the error than to persist with it.
• The second ruling by the General Assembly of the Court of Cassation was certainly unexpected since it reversed decades of past practice whereby the courts always adhered to the rulings and jurisprudence of the General Assembly of the Court of Cassation as the ultimate arbiter on a question of law, which in itself created legal certainty.
• The second ruling by the General Assembly of the Court of Cassation casts doubt on the doctrine of judicial precedent whereby the lower courts were always expected to follow and apply the judgments of the General Assembly of the Court of Cassation.
• The rule that the lower courts are bound by the rulings of the General Assembly of the Court of Cassation is therefore not absolute according to this decision.

Criminal Procedure

• The judgments issued by the Court of Appeal in the Deliberation Chamber are subject to appeals like any other judgments.

Criminal Procedure

• In the event the text of the Criminal Procedure Code provided for in Legislative Decree 112/1950 is silent on a given point, reference shall be had to the Civil Procedure Code provided for in Law 1/2016.
• The General Assembly of the Court of Cassation is not competent to consider appeals against the decisions of referral judges.

Criminal Procedure

• It was held that Article 5 of the Criminal Procedure Code provided for in Legislative Decree 112/1950 prohibits a claimant from seeking to institute criminal proceedings after registering a civil lawsuit.
• However, such a prohibition does not apply with respect to the crime of forgery.

Criminal Procedure

• In the interests of the law, a lawsuit against judges of the Court of Cassation before the General Assembly of the Court of Cassation is not permissible with respect to a Court of Cassation judgment issued in an appeal submitted by the Public Prosecutor.

Criminal Procedure

• Article 353 of the Criminal Procedure Code provided for in Legislative Decree 112/1950 stipulates that in the event an appeal is filed by a convicted felon, the Criminal Division of the Court of Cassation shall overturn the judgment of its own accord if it finds that it was defective from a legal or procedural perspective or contrary to the public policy of the state.
• Article 354 of the Criminal Procedure Code mandates the Criminal Division of the Court of Cassation not to hear the case if all of the reasons for the appeal were rejected.
• It was held that if the Criminal Division of the Court of Cassation had previously rejected the appeal but new submissions were put forward that were not previously examined, then the new appeal must be heard.

Criminal Procedure

• In accordance with Articles 367 and 368 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, the Minister of Justice has the right to request a retrial of a criminal case where they believe it is necessary to do so to avoid a miscarriage of justice, such as in the case of a wrongful conviction.
• The ruling that the Minister of Justice does not have the right to request a retrial with respect to a conviction that was issued in absentia shall be regarded as amounting to gross professional negligence and the judgment shall be set aside.

Criminal Procedure

• With respect to an indictment, the evidence should be sufficient enough for a formal accusation against the defendant.
• With respect to a conviction, it is up to the criminal court to determine this matter based on the evidence presented to it at trial.

Criminal Procedure

• A judgment was issued in absentia because the defendant did not attend the court hearing.
• The defendant appealed the judgment all the way up to the Misdemeanour Chamber of the Court of Cassation but it was rejected because the defendant had failed to attend the court hearing, thus the judgment was apparently immune from an appeals process.
• The denial of the appeal was deemed to amount to gross professional negligence because rejection of an appeal on procedural grounds does not prevent the Court of Appeal from examining the merits of the case.
• The Court of Appeal should have assessed the subject matter of the judgment issued in absentia because it has the right to do so as a second-degree court.

Criminal Procedure

• A criminal case prosecuted in the interests of the public is subject to the purview of the Public Prosecutor and is separate from a private prosecution undertaken by an individual to protect their personal rights.
• In a public interest criminal case prosecuted by the Public Prosecutor, an individual’s right to a private prosecution is limited to their personal interest in the case.

Criminal Procedure

• Article 51 of the Evidence Code provided for in Law 359/1947 provides that if a criminal court adjudicating a forgery allegation finds a defendant innocent, it does not prevent a civil claim from arising if the criminal court did not rule on the validity of the document in question.
• If a judgment violates Article 51 of the Evidence Code, it shall be tainted by gross professional negligence.

Criminal Procedure

• If a higher court accepts an appeal after the statute of limitations has expired, then such conduct shall amount to gross professional negligence.
• The appeal by the Public Prosecutor against the judgment of the criminal court, which had become final, conclusive and subject to enforcement, was found to contravene Article 343 of the Criminal Procedure Code provided for in Legislative Decree 112/1950.
• Article 343 of the Criminal Procedure Code sets the statute of limitations for appealing a judgment of the criminal court at 30 days.

Criminal Procedure

• As long as the time period to submit pleadings has not expired, the defendant has the right to request the court to hear witness testimony to prove their innocence.
• The court must respond positively to such a request in order to preserve the sanctity of the defendant’s right to due process.

Criminal Procedure

• Article 24 of the Criminal Procedure Code provided for in Legislative Decree 112/1950 prohibits a judge from ruling in a case that they previously participated in the prosecution thereof as a representative of the Public Prosecutor.
• The position in Article 24 of the Criminal Procedure Code was upheld but qualified by the fact that it does not prevent a judge who issued a verdict in a case from representing the Public Prosecutor in the next stage of litigation.

Criminal Procedure

• Article 344 of the Criminal Procedure Code provided for in Legislative Decree 112/1950 provides that an appeal to the Court of Cassation shall be submitted by the judgment debtor to the executive office of the court that issued the judgment for its registration by the president and clerk of the court.
• It was held that Article 344 of the Criminal Code contains an important procedure that must be complied with within the 30-day appeals period as mandated by Article 343 of the Criminal Code.

Criminal Procedure

• When a judgment is appealed by the convicted individual, the court may not order damages arising from the crime in excess of the amount that was previously decided by the lower court.
• The purpose is to ensure that the appellant is not harmed by their appeal pursuant to Article 364 of the Criminal Procedure Code provided for in Legislative Decree 112/1950.

Criminal Procedure

• In certain areas where it is practical to do so, the magistrate who adjudicates misdemeanours also simultaneously assumes the role of the prosecutor.
• A combination of the judicial and prosecutorial roles may be accepted where the crime in question and the location where it took place are not significant or large enough respectively to warrant a separate judge and prosecutor.
• Under such circumstances, the magistrate initiates the criminal case, examines it and adjudicates it accordingly.

Criminal Procedure

• In determining whether a judgment is subject to appeal or not, reference must be had to the text of the law.
• The methods of appealing judgments are determined by law and not by the court that issued the ruling.

Criminal Procedure

• There are three conditions that must be satisfied for the issuance of an arrest warrant.
• The first condition is that the act attributed to the suspect must be a crime punishable by imprisonment or a more severe penalty.
• The second condition is that the investigative judge must question the suspect about the accusation made against them.
• The interrogation is of great importance because the suspect may refute the accusation made against them.
• If the suspect has absconded, an arrest warrant can be issued in their absence and the interrogation is delayed until their arrest.
• The third condition is that the opinion of the Public Prosecutor on the matter must be sought.

Criminal Procedure

• An act by an individual may give rise to both civil and criminal liabilities.
• A crime in accordance with the Criminal Code provided for in Legislative Decree 148/1949 may correspond to a contractual or tortious breach in accordance with the Civil Code provided for in Legislative Decree 84/1949.
• If an individual pursues a criminal lawsuit before the criminal courts prior to instituting contractual or tortious proceedings before the civil courts that all arise from the same illegal or unlawful act, the criminal court shall possess competence to adjudicate the claim if the civil court merely determined the facts of the case without delving into its merits.
• The fact that the criminal court is evaluating the subject matter of the dispute and the civil court has refrained from doing so for the time being suggests that the criminal court is competent to adjudicate the dispute.

Criminal Procedure

• Jurisdiction belongs to the court located in the area where the defendant resides, the place where the crime occurred, or the place where the defendant was arrested.
• If the defendant was residing in the administrative district of the Governorate of Damascus and was arrested there, then the Criminal Court in Damascus has jurisdiction to hear the case.

Criminal Procedure

• According to Article 165(b) of the Criminal Procedure Code provided for in Legislative Decree 112/1950, judgments issued by the Court of First Instance may only be appealed to the Court of Appeal without a further appeal to the Court of Cassation if they mandate a sentence of imprisonment for a period of 10 days at most and a fine of more than SYP 100, or one of these two penalties.
• The issuance of a judgment by the Court of Appeal mandating a fine as a penalty is final and cannot be appealed further to the Court of Cassation.
• The Court of Cassation cannot examine such a case because the ruling of the Court of Appeal is deemed final, conclusive and subject to enforcement.

Criminal Procedure

• It is not permissible for a judge who participated in the issuance of a judgment to take part in proceedings to rescind the said ruling.
• Such a position reflects the public policy of the state.

Criminal Procedure

• Article 148 of the Criminal Procedure Code provided for in Legislative Decree 112/1950 stipulates that the referral judge shall examine the facts of the case to assess whether the act in question amounts to a crime and whether the evidence present is sufficient to indict the suspect or suspects.
• It was clarified that Article 149 of the Criminal Procedure Code permits the referral judge to assess the evidence in order to determine its sufficiency or lack thereof to accuse the suspect.
• If it becomes evident to the referral judge that the act in question does not constitute a crime or whether the evidence is insufficient to indict the suspect, the referral judge may prevent a trial from taking place and immediately release the suspect unless they are under arrest for a different offense.
• If the referral judge finds that the evidence is sufficient to form the basis of an indictment against the suspect, the referral judge may decide to refer the suspect to the criminal court.
• With respect to the evaluation of the evidence, it is not subject to the oversight of the Court of Cassation but the Court of Cassation may be referred to whenever there is any doubt as to whether an alleged offense constitutes a crime under the law.

Criminal Procedure

• The Court of Cassation is a court of law and possesses the right to monitor judgments and determine the extent of their conformity with the rule of law.
• The Court of Cassation is concerned with questions of law, not of facts, and therefore has the right to monitor the judgments of the lower courts and assess the degree of their compliance with the law.
• If there is a lack of compliance with the law by a lower court, the Court of Cassation may remit the case back to it with a directive as to how to proceed.
• If an irregularity is found in a verdict, the Court of Cassation shall remit the case back to the court that issued the judgment and require it to correct its ruling as directed by the Court of Cassation.
• An initial judgment that ended in the acquittal of the defendant does not protect them from a subsequent conviction when a second judgment is issued after sufficient evidence comes to light that proves the guilt of the defendant.
• If upon a second hearing by the court to whom the case is remitted it is found that there exists sufficient evidence to convict the defendant after they were acquitted the first time around, the defendant may indeed be found guilty given that the court that convicts the defendant remains a trial court whether before or after the first appeal.
• If the judges deviate from their first ruling, they shall not be disciplined for doing so if it becomes evident to them that their initial verdict was incorrect.

Criminal Procedure

• The investigative judge examines a criminal case before submitting it to the referral judge who decides whether there is a case to answer.
• If the referral judge formulates the opinion that there is a case to answer, they shall refer the case to trial.
• The investigative judge and the referral judge violated the procedures stipulated for in the Criminal Procedure Code provided for in Legislative Decree 112/1950 by accusing the defendant of a criminal offense without summoning the said defendant to attend and listen to their indictment.
• Such conduct deprives the defendant of their constitutional right to due process and amounts to gross professional negligence as it relates to the public policy of the state.

Criminal Procedure

• Depriving witnesses from testifying as to the defendant’s innocence with respect to the crime that they are charged with constitutes a breach of the defendant’s constitutional right to due process.
• A court must verify whether the defendant faced prosecution proceedings before the criminal court and whether a ruling was issued preventing their trial for the crime that they were charged with, which relates to the case at hand before the court.
• Any shortcomings by the courts with respect to these matters amount to gross professional negligence on the part of the judges.

Criminal Procedure

• If an appeal is rejected on procedural grounds, then the court must refrain from examining the merits of the case.
• Procedural soundness is the first element to consider in a lawsuit.

Criminal Procedure

• According to Article 338 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, an appeal may not be filed before the Criminal Division of the Court of Cassation as long as the right to object to the judgment is still valid.
• According to Article 343(2) of the Criminal Procedure Code, the 30-day period to appeal judgments issued in absentia to the Court of Cassation in misdemeanour cases commences on the day following the date of the objection deadline.
• The jurisprudence has settled that an individual convicted in absentia is not prevented from filing an appeal against the verdict prior to registering an objection.
• If an individual convicted in absentia waives their right to object, they can still file an appeal against the verdict.
• An individual convicted in absentia retains the right to formally object to the verdict or file an appeal with a higher court.
• An individual convicted in absentia has the right to appeal a ruling before the Court of Cassation prior to objecting to it, especially if the time period to raise an objection has lapsed.
• The condition in Article 338 of the Criminal Procedure Code does not apply to judgments issued in absentia in misdemeanour cases as described in Article 343(2).

Criminal Procedure

• It was held that a crime can only be prosecuted once and a failure to abide by this principle results in the commission of gross professional negligence by the judge adjudicating the case.
• The Court of Cassation held in Court Judgment No. 992/1982 that a perpetrator may not be prosecuted for an act for which they were previously tried.
• The Court of Cassation ruled in Court Judgment No. 2879/1980 that a single act is only pursued once and that this defence can be raised before the courts as it is part of the public policy of the state.

Criminal Procedure

• A conviction for the offense of undermining public morals requires proof that the defendant intentionally sought to undermine the moral and ethical norms adhered to by society.

Criminal Procedure

• If the police refrain from pursuing a suspect, that shall not amount to a waiver on the part of the Public Prosecutor who can still pursue prosecution proceedings against the suspect in question at a later date unless the prosecution is formally waived.

Criminal Procedure

• Article 443 of the Criminal Code provided for in Legislative Decree 148/1949 defines forgery as an artificial distortion of facts and statements in writing that result in harm.
• In order to prove forgery, all the aforementioned elements need to be satisfied.
• The judge is obliged to apply technical expertise to determine whether the elements of forgery exist given that it is a scientific matter that requires extensive experience and full study.
• The judge cannot make such a determination and must therefore defer to forensic experts on the subject of forgery.
• To do otherwise than engaging the assistance of such forensic experts would amount to gross professional negligence on the part of the judge.

Criminal Procedure

• If there is any deficiency in the legal reasoning of the court but it nevertheless arrived at the correct verdict, the said court cannot be accused of gross professional negligence.

Criminal Procedure

• Issuing a judicial ruling for compensation is one of the requirements of the criminal courts.
• The Criminal Division of the Court of Cassation held in Court Judgment No. 951/1966 that Article 132 of the Criminal Code provided for in Legislative Decree 148/1949 stipulated for the application of the provisions of Article 171 of the Civil Code provided for in Legislative Decree 84/1949 with respect to mandating the court to determine the amount of compensation as anticipated by Article 222 of the Civil Code.
• According to Court Judgment No. 951/1966, such compensation includes the affected person’s losses, including lost earnings, after taking into account the victim’s age, profession, number of dependents and other relevant circumstances.
• According to Court Judgment No. 951/1966, the evaluation of such compensation is left to the court’s discretion but subject to the right of the Court of Cassation to assess the validity of the reasoning and judgment of the judges in question.
• According to Court Judgment No. 951/1966, the Court of Cassation shall set out a reasonable explanation based on the facts and evidence at hand if it is not satisfied before ordering the judgment to be set aside.

Criminal Procedure

• Failing to distinguish between rights originating from civil court proceedings and criminal court proceedings as well as failing to apply the law to the facts of a case appropriately amounts to gross professional negligence on the part of the court hearing the lawsuit.

Criminal Procedure

• It is not permissible for a lawyer to initiate criminal proceedings against another lawyer unless they obtain the consent of the Bar Association of the Syrian Arab Republic.
• The Bar Association should not withhold such consent except in certain and rare circumstances since the right to litigate is a constitutional principle.
• The first referral must be to the respective branch of the Bar Association located in the province where the lawyers are registered and any decision issued by the branch may be appealed before the Bar Association.

Criminal Procedure

• The provisions in the Civil Procedure Code provided for in Legislative Decree 84/1953, which were repealed and replaced by Law 1/2016, applicable to voluntary and involuntary intervention in a lawsuit by an affected third party do not apply in criminal proceedings as there no similar provisions contained in the Criminal Procedure Code provided for in Legislative Decree 112/1950.

Criminal Procedure

• Waiving a personal right arising from a violation of a right derived from Article 656 of the Criminal Code provided for in Legislative Decree 148/1949 leads to any potential criminal proceedings instituted by the Public Prosecutor being forfeited.

Criminal Procedure

• No crime exists or penalty can be imposed by a court except if provided for by law.

Criminal Procedure

• The right of the Public Prosecutor to initiate proceedings for a misdemeanour and the corresponding civil claim arising from the criminal act shall be waived after the lapse of three years from the date of the incident if no prosecution was initiated during that time period.

Criminal Procedure

• The findings of the referral judge are not conclusive enough to convict a suspect of the crime of which they are accused.
• The indictment issued by the referral judge against a suspect presumes a sufficient probability that the suspect did in fact commit the crime and should therefore be judged in a trial court.
• The trial court shall have full authority to determine whether a suspect is innocent or guilty and to amend the indictment if need be.

Criminal Procedure

• A claim by a convicted individual before the General Assembly of the Court of Cassation pertaining to a criminal case must list the relevant representative of the Public Prosecutor as the defendant because they are the key party acting in the public interest in such proceedings.

Criminal Procedure

• If a forged document is obvious to the naked eye, the judge may issue a ruling without referring to experts for assistance in determining the status of the document.

Criminal Procedure

• Provisions of the Criminal Procedure Code provided for in Legislative Decree 112/1950 were affirmed.
• The investigative judge investigates the case after it is referred to them by the Public Prosecutor, who receives their information from the police.
• The investigative judge then refers the case to the referral judge who determines whether the case should proceed to trial.
• According to Article 132 of the Criminal Procedure Code, if it becomes evident to the investigative judge that the act does not constitute a crime or that there is not sufficient evidence to suggest that the suspect committed the act, the investigative judge shall possess the authority to dismiss the case and order the suspect’s release as long as the suspect is not detained for another offense.
• According to Article 139(1) of the Criminal Procedure Code, the Public Prosecutor may in all cases appeal decisions of the investigative judge.
• According to Article 139(2) of the Criminal Procedure Code, a victim of a crime may appeal decisions issued pursuant to Articles 118, 132, 133 and 134 of the Criminal Procedure Code, decisions related to a lack of jurisdiction, and any decision that harms their personal rights.
• According to Article 139(3), a defendant does not have the right to appeal except for decisions issued under Article 118 and decisions related to a lack of jurisdiction.

Criminal Procedure

• When issuing a sentence after the defendant has been found guilty, the court must first refer to the minimum penalty for the criminal act in question.
• If there are aggravating reasons supporting a greater penalty, the court may increase the sentence up to the legally permissible maximum.
• If there are extenuating circumstances, the court can apply the minimum penalty.

Criminal Procedure

• Not every criminal case leads to the suspension of proceedings in corresponding civil cases.

Criminal Procedure

• If a defendant is convicted in absentia but subsequently decides to surrender themselves to the authorities or is arrested prior to the statute of limitations lapsing, a retrial shall be ordered.
• The defendant will not have to appeal the judgment issued in absentia but is rather entitled to a new trial in which they can plead their case.
• The judgment issued in absentia shall be set aside under such circumstances.
• Judgments issued in absentia carry heavy sentences so appealing such judgments by a suspect who was absent during the trial is not considered appropriate, thus necessitating the requirement for a new trial.

Criminal Procedure

• Allowing new witnesses to appear before the court in a criminal trial is a prerogative that belongs to the presiding judge according to their authority and shall not be deemed to be a mandatory order imposed on the court.

Criminal Procedure

• Before an indictment is issued against a suspect, the referral judge who evaluates the case before ordering a trial shall have the right to rely on evidence that suggests that the suspect committed the offense of which they are accused.
• The referral judge shall not be obliged to verify the said evidence for the purposes of conviction but rather to determine probable cause that the suspect may have committed the crime.

Criminal Procedure

• Adhering to a ruling issued by the Criminal Division of the Court of Cassation invalidating a lower court verdict is imperative according to Article 365 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, which is the counterpart for Article 262 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016.
• The court must follow the said ruling even if it desires to state a contrary opinion regarding the defendant with respect to the merits of the case and the available evidence.

Criminal Law

• The material element of the crime of fraud is determined by assessing the deceitful method by which the perpetrator aims to achieve their objective.
• A mere lie is not sufficient enough to constitute fraudulent activity because the provisions of the Criminal Code provided for in Legislative Decree 148/1949 do not expect victims to believe any statements made to them but rather to investigate further on their own accord.

Criminal Law

• In criminal cases, it is necessary to determine whether the defendant possessed the intention to commit the crime.
• A defendant cannot be convicted of a crime that they did not intend to commit.

Evidence Law

• Whereas Article 54 of the Evidence Code provided for in Law 359/1947 stipulates that evidence may be proven by oral testimony in commercial obligations except where the legislature has stipulated that written evidence is a requirement, such as with respect to the contracts of commercial companies, the sale of ships, maritime transport, life insurance and other obligations mandated by special legislation.
• Such oral testimony is acceptable as evidence in proving the existence and fulfilment of commercial obligations even if it contradicts or exceeds what is established by written evidence unless there is an agreement or text stipulating otherwise.
• The intention of the legislature was clearly stated in Paragraph No. 101 of the Explanatory Memorandum to the Evidence Code, which explained that the objective is to take into account the nature of commercial transactions based on mutual trust that require speed and simplicity.
• In this Court Judgment, the General Assembly of the Court of Cassation overruled the jurisprudence of the First Civil Chamber of the Court of Cassation, which had incorrectly held in Court Judgment No. 425/1964 and Court Judgment No. 405/1965 that it was not permissible to prove the fulfilment of commercial obligations evidenced in writing through oral testimony but rather reliance on the respective text was necessary.

Evidence Law

• In the event that a litigant cannot prove their claim with the evidence at hand, they may request that their opponent swear an oath that the original litigant’s claim is not true or to have the opponent refer the oath back to the litigant who can swear decisively that their claim is true.
• Known as the decisive oath, if the litigant who swears that the facts of their claim are true when it later transpires that they are not, the litigant is likely to be charged with the crime of perjury.
• It was held that the decisive oath may not be revoked after it has been accepted by the litigant.
• The General Assembly of the Court of Cassation held in Court Judgment No. 102/2002 that it is not permissible to swear a decisive oath in a forgery lawsuit given that forgery is a technical matter that can only be determined by professional experts, not laypersons.

Evidence Law

• A judge shall rule according to the satisfaction of his conscience with respect to the evidence and arguments raised during the trial whenever it becomes clear to them that the litigants have made their case.

Evidence Law

• If a court judgment is issued on the basis of the defendant’s admission, then the judgment is valid irrespective of the fact that the admission is not true.
• The defendant is not entitled to withdrew their admission unless they appeal the judgment and before the judgment attains the status of res judicata, thereby becoming final, conclusive and enforceable.
• If the Court of Cassation violates the provisions of Article 90 of the Evidence Code provided for in Law 359/1947 with respect to the legal validity of the principle of res judicata, then it is not obligatory to adhere to the judgment of the Court of Cassation as per the jurisprudence of the General Assembly of the Court of Cassation.
• If a judicial authority violates the text of the law and a court judgment that has attained the status of res judicata, then the decision of the said judicial authority amounts to gross professional negligence, thereby requiring it to be overturned.

Evidence Law

• If a court neglects to evaluate a document and its contents that were submitted into evidence, which has a bearing on the case at hand, such conduct shall be deemed to constitute gross professional negligence.
• The General Assembly of the Court of Cassation in Court Judgment No. 288/1997 overturned the verdict in Court Judgment No. 709/1997 issued by the Criminal Misdemeanour Division of the Court of Cassation on this basis.

Evidence Law

• If a criminal court panel of judges is replaced after witness testimony has been heard, then the witnesses must provide their testimony a second time to the new panel unless the latter explicitly states that they have had the opportunity to access the testimony of the said witnesses.

Evidence Law

• The evaluation of evidence presented during a trial by a judge to be assured of its validity, especially in criminal cases, is considered a matter that falls within the discretionary authority of the judiciary that cannot easily become subject to allegations of gross professional negligence against the judge.

Evidence Law

• The evidence in a case is left to the trial court to decide.
• If the trial court does not address some of the arguments raised, such conduct shall not amount to gross professional negligence as long as the judgment rendered is correct and in line with the law.

Evidence Law

• Evaluating evidence, drawing legal conclusions and establishing convictions cannot give rise to any allegations of gross professional negligence as long as the inference and the formation of the conviction are based on submitted documents and statements.

Evidence Law

• In criminal cases, the parties are completely free to resort to all means that enable them to prove or deny their allegations.
• The court, whose task it is to reveal the truth, has the right to take the measures and procedures it deems fit to rule accordingly.
• According to the General Assembly of the Court of Cassation in Court Judgment No. 302/1999, the law accords the criminal court judge wide and full authority to determine the truth.
• According to Article 176 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, the judge may only evaluate the evidence which was presented during the trial that the litigants discussed openly.

Evidence Law

• The trial court does not require the existence of certain conclusive evidence but it is sufficient to suggest that the crime was committed.
• Such a verdict shall not amount to gross professional negligence.

Evidence Law

• A confession by a defendant before law enforcement officers can be retracted at all times.
• A confession does not suffice as evidence for a conviction if no other evidence supports a conviction.

Evidence Law

• The investigative judge examines a criminal case before it is referred to the courts for trial.
• The interrogation of a defendant by an investigative judge in misdemeanour cases need not be in the presence of the defendant’s lawyer.
• The defendant retains the right to refuse being interrogated in the absence of their lawyer.
• If they decide to do so, the defendant can make statements to the investigative judge in the absence of their lawyer.
• The interrogation of the defendant by the investigative judge in the absence of the defendant’s lawyer does not render the defendant’s statements inadmissible in court and nor are such actions on the part of the investigative judge considered to amount to gross professional negligence.

Evidence Law

• If a person makes statements to the police but later denies those same statements before the investigative judge, such denials are not enough to refute the evidentiary weight of the statements provided to the police.
• Therefore, the court is free to rely on the statements provided to the police irrespective of the fact that they were denied before the investigative judge when formulating its judgment.

Evidence Law

• If a trial court requests expert testimony from a qualified individual and then rejects the said expert’s findings because it is not convinced by them, the trial court cannot subsequently seek to rely on those findings in formulating its judgment.
• To do otherwise risks a finding that the trial court’s conduct amounts to gross professional negligence.
• If the trial court requests expert testimony from a qualified individual and then accepts the said expert’s findings, the trial court must explain the reasons as to why it is relying on the said testimony in formulating its judgment.

Evidence Law

• According to Article 176 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, the judge may only evaluate the evidence which was presented during the trial that the litigants discussed openly.
• Article 177 of the Criminal Procedure Code provides that if a crime is linked to the existence of a personal right such as one derived from a contractual obligation, the judge shall exercise their own discretion as far as evaluating evidence relevant to the case is concerned.
• It was held that Article 177 of the Criminal Procedure Code does not affect the authority of a criminal court judge to adjudicate a criminal case if it is linked to a personal right.
• Rather, the judge has discretion in establishing the validity of such a personal right by their own methods of proof without the imposition of certain limitations.

Evidence Law

• The evaluation of witness statements by a trial court is not final but conditional on the submission of its reasoning that led the trial court to determine the preponderance of a witness’ testimony over another.
• The process of assessing and extracting evidence and determining the preponderance of a witness’ testimony over another cannot be undermined on appeal as long as the reasoning of the trial court is acceptable.

Evidence Law

• It is the duty of the trial court to assess the evidence, derive the rule of law and apply it to the facts of the case.
• Such a requirement is not absolute but conditional on the premise that the evidence submitted to the court is sufficient to support the ruling rendered.
• Furthermore, the evidence which forms the basis of the judgment decided by the court must not be refuted by other evidence.

Evidence Law

• The conclusive legal presumption as stipulated for in Article 90 of the Evidence Code provided for in Law 359/1947 holds that court judgments that are deemed final and enforceable by nature are conclusive of the facts adjudicated thereof.
• It is not permissible to accept evidence that contradicts the presumptive facts established by court judgments.
• When a final and conclusive judgment is issued by a court, it is necessary to accept it and not to attempt to subject the ruling to further litigation.
• To do otherwise would open the floodgates to contradictory judgments before the same court with respect to the same dispute.
• Any mistakes committed by the court whether in applying the law, assessing the facts or complying with the legal procedures can only be rectified through the methods of appeal and their deadlines established by law, which if they are exhausted or expire result in the judgment attaining the status of res judicata, or finality, and is subject to enforcement.

Evidence Law

• Any confession extracted by violence is inadmissible.
• In the absence of any other evidence apart from the inadmissible confession, a conviction has no legal basis and must be overturned.
• The General Assembly of the Court of Cassation held in Court Judgment No. 521/2002 that a confession in itself shall not be considered evidence in criminal cases if the defendant retracts it.

Evidence Law

• The parameters for making an accusation as to criminal conduct based on the weight of the evidence at hand in a criminal lawsuit were deliberated.
• It was established that an accusation by one party towards another of a criminal offense must contain sufficient evidence to suggest that the accusation is more likely than not to be true.
• It is not permissible for a party to accuse another of a criminal offense based simply on doubt and suspicion.
• Before an indictment can be issued in a criminal case, the decision of the Public Prosecutor must be based on sound logic and reasoning when weighing up the evidence at hand.

Evidence Law

• Article 138 of the Evidence Code provided for in Law 359/1947 stipulates that if a case requires technical knowledge, the court may on its own initiative or at the request of a litigant decide to conduct a technical investigation using one or more experts.
• Article 154 of the Evidence Code provides that the court may on its own initiative or at the request of a litigant invite the said expert to attend a trial session if it finds a discrepancy in their report or to seek clarification on technical issues that are necessary to help resolve the dispute.
• The legislature has clarified the legal rules for undertaking an expert report or requiring an alternative one in the Evidence Code.
• The jurisprudence has established that it is not permissible to ignore an expert report or conduct a new one unless there is a discrepancy in the original one that the expert in question cannot explain or new evidence comes to light casting doubt on the validity of the original expert report.
• If a court finds a defect in the second expert report, it is not entitled to revert back to the first expert report for reliance on its findings.

Evidence Law

• A refusal by the court to hear witness testimony does not constitute gross professional negligence if the court is satisfied with the evidence already presented to it.
• A refusal by the court to hear witness testimony may form the grounds for an appeal but not necessarily lead to a decision to set aside the original judgment.
• As long as the case is properly examined and a sound ruling is rendered accordingly, the court has the right to refuse to hear evidence if it deems it fit to do so.

Evidence Law

• It is permissible to prove that a contract is fictitious by resorting to oral testimony when a moral impediment exists.
• A court is free to recognize that a moral impediment exists by proving the validity of intimate relationships between the parties to a dispute.
• Such intimate relationships which give rise to moral impediments include familial and friendly relationships.
• In such relationships where legal disputes arise, written evidence is not mandatory and oral testimony is permissible.
• Determining the extent of such relationships is the prerogative of the trial court and not subject to control by the Court of Cassation.

Evidence Law

• The right to determine whether written evidence actually exists belongs to the trial court.
• The practice of evaluating the evidence does not give rise to allegations of gross professional negligence.

Evidence Law

• A trial court will not be accused of gross professional negligence as long as the judges based their decision on the pleadings and the documents submitted by the litigants.
• Interrogation by the trial court based on the evidence, facts and circumstances is permissible.
• Interrogation by the trial court is up to the discretion of the judges, who have the right to question the parties, or one of them, or none of them

Evidence Law

• If a court fails to examine a case adequately and issues a judgment hastily without considering all of the relevant arguments and evidence appropriately, such a ruling shall be overturned due to gross professional negligence.

Evidence Law

• The court has the authority to weigh evidence in relation to other evidence as it sees fit, whether it be the testimony of witnesses or the rest of the evidence available in the case.
• The weighing and evaluation of evidence by the court does not descend to the degree of gross professional negligence.

Evidence Law

• It was emphasized that the court itself needed to hear the statements of witnesses and should not be satisfied with their depositions during the investigatory stage.

Evidence Law

• It is not permissible to prove the opposite of what is stated in writing unless it can be backed up by evidence in writing as well.

Evidence Law

• Neglect by the court in evaluating evidence that could have a bearing on the judgment amounts to gross professional negligence.

Evidence Law

• Possession of counterfeit foreign exchange amounts to evidence of knowledge of the crime of handling counterfeit foreign currency.

Arbitration Law

• In arbitration proceedings, the right to impose a provisional attachment order exclusively belongs to the Court of Urgent Matters while the competence of the arbitral tribunal is limited to adjudicating the merits of the dispute.

Arbitration Law

• Where the seat of arbitration is Syria, then Syrian curial law shall apply to any such arbitration proceedings.
• The Syrian curial law involves the application of mandatory procedural rules to an arbitration, which are derived from Syrian law.
• Part of the Syrian curial law was contained in the Arbitration Chapter of the repealed Civil Procedure Code provided for in Legislative Decree 84/1953 but now found in the Arbitration Law 4/2008 applicable to arbitrations involving the private sector.
• Even if the seat of arbitration is Syria, the parties to a dispute are free to subject their arbitration to procedural rules of their own choice and in a foreign country as long as they do not conflict with the mandatory provisions of the Syrian curial law.
• Where the parties have autonomy to select procedural rules that do not conflict with mandatory provisions of the Syrian curial law, they can adopt the procedural rules of a private arbitration centre anywhere in the world.
• In the instant case, the seat of arbitration was designated as Syria but the arbitral process was to be conducted according to a set of arbitration rules in Switzerland.
• The General Assembly of the Court of Cassation held that a provision of the said arbitration rules was not applicable where it granted authority to the highest civil court located in the seat of arbitration to appoint arbitrators not nominated by the parties to the dispute themselves.
• Such a provision was deemed to conflict with a mandatory rule of the Syrian curial law where Syria was designated as the seat of arbitration.
• Arbitration centres across the world may even include a provision in their procedural rules stating that the applicable curial law shall prevail whenever there is a conflict between an applicable provision of the curial law and a rule adopted by the arbitration centre.

Arbitration Law

• The ratification and enforcement of arbitral awards by the competent courts is undertaken pursuant to Article 306 and so forth of the Arbitration Chapter contained in the Civil Procedure Code provided for in Legislative Decree 49/1953, which was repealed and replaced by the Arbitration Law 4/2008.

Arbitration

• Two spouses nominated arbitrators from among their relatives to sit on an arbitral tribunal but the latter refused.
• If no new arbitrators are appointed by the parties, the court shall have the right to nominate the new arbitrators, even if they are not relatives of the spouses.
• The fact that the spouses did not object to the court nominating the new arbitrators who were not their relatives means that the spouses implicitly accepted their appointment.

Arbitration Law

• The court competent to request the nomination of the arbitrators is the same one that would otherwise adjudicate the dispute.
• The judgment issued to nominate arbitrators is not subject to any form of appeal.
• As for the judgment issued for refusing to name the arbitrators, it is subject to appeal in accordance with the general rules.
• The nomination request must be filed before the court which is originally competent to hear the dispute.
• The issuance of the ruling in an open session instead of the Deliberation Chamber does not lead to its annulment.

Arbitration Law

• Pleading a case before the courts prior to doing so before an arbitral tribunal is likely to amount to a waiver of the right to arbitration.

Contract Law

• The court’s interpretation of a contract by identifying the intentions of the contracting parties without merely referring to the literal text of the terms used is at the heart of the jurisdiction of the judiciary.
• The legislature was keen to grant such discretionary authority to the courts in order to realize the principle of justice in the disputes adjudicated before it.
• The courts exercising such discretionary authority does not amount to gross professional negligence.

Contract Law

• The conclusion of a contract between a private party and a public entity does not automatically lead to the agreement being deemed administrative in nature.
• If the subject matter of a contract is connected with a public facility and depending on the intention of the public entity with respect to the provision of public services, the agreement may then be deemed to be administrative in nature.
• When the contract is deemed administrative in nature, then any disputes arising therefrom shall be adjudicated by the administrative judiciary at the Council of State Administrative Court, which only hears cases involving a state entity.
• If the nature of the contract is a sale of a real estate property that was previously expropriated and zoned by the respective public authorities, then the agreement is not deemed administrative in nature irrespective of the fact that the seller is a public entity because the sale is not connected with a public facility or the provision of a public service.
• Under such circumstances, the contract is deemed to be an ordinary agreement and any disputes that may arise therefrom are subject to the authority of the ordinary civil courts.

Contract Law

• The authority to prevent a conditional contract from lapsing due to a breach by the buyer by paying the outstanding balance of the consideration or the court granting the buyer an extension to do so is contingent on not causing harm to the seller.
• The Court of Cassation held in Court Judgment No. 1422/1988 that if there is no written contract regulating the relationship between the seller and the buyer, the general rules on obligations are applied.
• The Court of Cassation held in Court Judgment No. 1422/1988 that if the contract does not specify a date for the payment of the outstanding balance of the consideration, then the balance is due either upon delivery, or in the case of a real estate property, upon transfer of title in the Land Registry.
• The Court of Cassation held in Court Judgment No. 1422/1988 that unless stipulated otherwise, a contract shall be terminated on its own and without warning if either party does not fulfil their contractual obligations, but the courts have the right to assess the justifications for the contractual termination.

Contract Law

• The exorbitant rise or fall in prices constitutes an exceptional general and unforeseeable event dominated by the theory of imprévision.
• Accordingly, the judge is authorized to restore the economic balance of the contract to a reasonable extent to avoid burdensome commitments imposed on the contracting parties.

Contract Law

• An agreement by the parties to execute a contract in a specific location that is separate from the defendant’s place of residence does not necessarily mean that the defendant has waived the jurisdiction of the courts of their domicile in settling any dispute that may arise.
• The waiver of court jurisdiction must be made expressly and cannot be implied.
• If the parties designate a location for the implementation of an obligation arising from a commercial contract, then the court in that specified location shall be competent to adjudicate any dispute that may consequently arise in accordance with Article 85 and Article 89 of the Civil Procedure Code provided for in Legislative Decree 84/1953, which was repealed and replaced by Law 1/2016.

Contract Law

• The judge assesses compensation for damages suffered by a claimant according to the provisions of Articles 222 and 223 of the Civil Code provided for in Legislative Decree 84/1949.
• Article 222 of the Civil Code provides that if the compensatory amount is not designated in the contract in the form of liquidated damages pursuant to Article 224 of the Civil Code or mandated by law, then it is the prerogative of the judge to evaluate the compensation accordingly.
• Under such circumstances, the judge will take into account the circumstances of the breach giving rise to the damage without being restricted by any limitations.
• The judge may also specify the mode of payment of the compensation according to the circumstances, such as by instalments.
• Article 222(1) of the Civil Code stipulates for compensation for losses, including loss of earnings, suffered by the claimant provided that such losses are a natural consequence of the breach committed that the claimant could not reasonably avoid.
• Article 222(2) of the Civil Code qualifies the previous provision and mandates that if the breach arises from a contractual obligation but was not committed fraudulently or due to gross negligence, then the defendant is only obligated to compensate for the damages that would reasonably have been foreseeable at the time the contract was entered into by the parties.
• Article 223(1) of the Civil Code also provides for moral damages to be awarded to the claimant.

Contract Law

• In the event that the buyer fails to fulfil their obligations as stipulated for in the contract, the said contract is deemed voidable.
• On this basis, the transfer of the buyer’s rights originating from the voidable contract to a third party assignee has no legal effect.

Contract Law

• It was held that dealing in antiquities is not legally permissible and contravenes the public policy of the state.
• Every contract where antiquities constitutes the subject matter of the agreement is void under the law.
• A contract concerning the transfer of gold coins is void, which necessitates invalidating the effects resulting from the agreement and returning the contracting parties to the position they were in prior to entering into the contract.
• In the event it is impossible to return the contracting parties to the position they were in prior to entering into the contract, a judgment may be issued mandating relevant compensation.
• The invalidity of a contract concluded contrary to the public policy of the state shall be decided by the court on its own.
• No contract entered into by mutual consent, or one drafted in a way to give the impression of a lawful agreement, or an authorization of any kind shall render a void contract valid.
• Whenever the Court of Cassation examines the merits of an appeal, decides on the reasons for the dispute and provides its opinion, it shall be deemed to have implicitly accepted the appeal on procedural grounds.

Contract Law

• An administrative contract, also known as a public contract, is one in which a state entity is a party to the agreement.
• The characteristic of an administrative contract is in its connection with a public facility.
• When it appears that a contract concluded between two parties is not intended to include a public facility but rather aimed at achieving a private individual interest, then the agreement shall be deemed to be an ordinary civil contract and not an administrative contract.

Contract Law

• Since a contract is an agreement between the parties, it is not permissible to terminate or amend it except by agreement of the parties or for the reasons as determined by law.
• The judge’s role in a contract is to interpret its contents with reference to the intentions of the parties.
• Where the intentions of the parties are clear and unambiguous, the judge’s role becomes even more limited.

Contract Law

• The rule that the trial judge possesses full authority to interpret contracts with no oversight from the Court of Cassation has exceptions.
• The Court of Cassation has the right to monitor every ruling where the trial judge distorts the terms of the contract or neglects to uphold the explicit texts within it.

Contract Law

• It was held that a sale of goods with the right of redemption is contrary to the law and the public policy of the state.
• The Court of Cassation held in Court Judgment No. 1120/1980 that if a seller reserves the right to recover the goods sold in exchange for the same price, it is considered a sale with the right of redemption.
• The Court of Cassation held in Court Judgment No. 579/2004 that if upon a sale, the seller retains the right to recover the sold item within a certain period of time, the sale is void and the parties must be returned to the position they were in prior to the contract.

Contract Law

• If the interests of the concerned parties conflict, and some of them adhere to the formal, written contract while the others follow the informal contract, the preference is given to the formal, written contract.

Tort Law

• With respect to tort liability, it was established that the heirs of an employee who died in the course of their employment had the right to claim full compensation for their loss as estimated by the courts from the employer, which is separate from the deceased employee’s salary and pension entitlements.

Tort Law

• Pursuant to tort liability, the judge evaluates the compensation on the day the judgment is issued.
• The injured party has the right to claim an increased amount in damages in the event of inflationary pressures.

Commercial Law

• Interest on a commercial bond becomes due as of the maturity date and there is no requirement to stipulate so accordingly in the bond itself.

Commercial Law

• If an agent exceeds the limits of their authority as set by the principal, their actions that go beyond their mandate shall not apply to the principal.
• The Court of Cassation held in Court Judgment No. 166/1963 that an agent’s departure from the limitations of their authority in a way that harms the interests of their principal gives rise to a claim for damages by the principal against their agent.

Commercial Law

• A power of attorney grants the proxy the authority to handle the matters designated therein while conveying legal legitimacy on such actions.
• Articles 667 and 668 of the Civil Code provided for in Legislative Decree 84/1949 deal with general and special powers of attorney respectively.
• A general power of attorney is one that does not contain limits as to the legal authority of the proxy and includes terminology providing for a general disposition of legal matters without specifying a location.
• A special power of attorney is one that contains limits as to the legal authority of the proxy and includes terminology providing for a specific disposition of legal matters while specifying a location or not.
• If the location is not specific in a special power of attorney, then the legal authority of the proxy is specific in nature but general as to the location.
• With respect to special powers of attorney for the purposes of donations, it is necessary to determine the type of disposition and to specify the location.

Commercial Law

• According to Article 617 of the Commercial Code provided for in Legislative Decree 149/1949, which was repealed and replaced by Law 33/2007, it is not permissible for a bankrupt person to litigate a lawsuit before the courts after declaring their bankruptcy.
• The only exception to this rule is if the bankrupt person formally intervenes in the lawsuit being litigated by the trustee(s)-in-bankruptcy.
• Any claim before the courts by a merchant who has been declared bankrupt shall not be deemed to have been submitted by a person with any legal capacity.
• Such a claim shall be rejected by the courts on procedural grounds since the bankrupt person only has the right to intervene in a lawsuit being litigated by the trustee(s)-in-bankruptcy.

Commercial Law

• Assigning ownership of an import license does not constitute a customs violation and nor does it contribute to the formation of such a customs violation.

Maritime Law

• Insurance contracts entered into by Syrian merchants pertaining to Syrian goods shipped from a Syrian port to a foreign party shall be considered null and void, even if the contracts are concluded outside Syria.

Maritime Law

• Foreign parties can resort to arbitration in maritime disputes when the transport of goods is based on the terms and conditions of a charter-party.
• Foreign parties cannot resort to arbitration in maritime disputes when the transport of goods is based on the terms and conditions of a bill of lading because it would violate Article 212 of the Maritime Code provided for in Legislative Decree 86/1950, which was repealed and replaced by Law 46/2006.

Maritime Law

• In the event of a partial loss of goods being transported by sea, the date of unloading the goods is not deemed to be the point at which the statute of limitations is triggered for any claims pertaining to the cargo in general.
• In the event of such delays in receiving the goods, the statute of limitations commences after the consignee is notified of their delivery and the goods are placed at the consignee’s disposal.
• The said legal position is applicable to claims pertaining to the cargo in general and not limited to the case of the partial loss of goods.
• The relevant legal provision governing this state of affairs was Article 218 of the Maritime Code provided for in Legislative Decree 86/1950, which was repealed and replaced by Law 46/2006.

Maritime Law

• The obligation of a shipping company to deliver the goods transported by ship to the consignee in the port does not terminate once the goods are unloaded from the vessel but rather when the goods are delivered to the consignee and placed at their disposal unless there is an agreement between the parties to the contrary.

Maritime Law

• When cargo is being shipped by sea, there is a requirement to include the type and value of the goods in the bill of lading for the purposes of proof pursuant to Article 211 of the Maritime Code provided for in Legislative Decree 86/1950, which was repealed and replaced by Law 46/2006.
• It is also sufficient to attach an invoice containing the type and value of the said goods to the bill of lading without necessarily including the type and value of the goods in the bill of lading itself.
• The attached invoice can be used to determine the true value of any missing or delayed goods that were being transported by sea.

Company Law

• In a general partnership, all the partners shall be jointly and severally liable for the debts of the partnership even if only one of the partners is responsible for creating the debt.
• If one of the partners manages to absolve themselves of any responsibility for the debt, then the remaining partners shall nevertheless remain fully liable for the entire debt.
• Even if a court judgment obliging all the partners to pay the debt apportions the debt in portions among all the partners, the creditor can still pursue one of the partners for the entire debt.
• The partner who satisfied the entire debt in favour of the creditor may then pursue the remainder of the partners to pay their share of the debt.

Company Law

• If the articles of association of a company impose on one partner the obligation to bear all the losses of the company, the articles of association are deemed void according to Article 483 of the Civil Code provided for in Legislative Decree 84/1949 and the contracting parties must revert to the legal position they were in prior to the incorporation of the company as provided for in Article 143 of the Civil Code.
• The invalid articles of association are deemed null and void as if they were not entered into between the contracting parties.
• Such a position is considered part of the public policy of the state and the courts are bound to raise it automatically and declare such articles of association invalid without a motion to this effect from the litigants.
• A tenancy contract cannot be established or proven by oral testimony alone.
• Briefness in reasoning and shortcomings in determining legal causation are ordinary errors that do not amount to gross professional negligence giving rise to a challenge before the General Assembly of the Court of Cassation.
• It is not legally permissible to challenge a ruling of the Court of Appeal before the General Assembly of the Court of Cassation if the ruling itself is not final and still subject to appeal.

Company Law

• A judgment issued against one of the partners in a general partnership, as defined in the Companies Law presently provided for in Legislative Decree 29/2011, does not affect the remainder of the partners.
• It is established that the relationship between the partners in a general partnership is limited to what benefits them, not what is detrimental to their interests.

Property Law

• If an owner of an automobile sells their motor vehicle to another person by means of a contract but the buyer is not yet registered as the official owner of the said motor vehicle in the official records, then the former owner whose name still appears in the official records shall be jointly liable with the buyer for any accidents caused by the buyer.

Property Law

• It is established that the transfer of a real estate property by a testator to a beneficiary while the testator retains the right of usufruct, or use, over the property for life shall not be presumed to be subject to the provisions of the testator’s will unless any party claiming the contrary can prove otherwise.

Property Law

• In the event that a lawsuit pertaining to ownership over a real estate property, which was filed with the courts and registered accordingly in the Land Registry, is adjudicated in favour of the claimant, the ownership of the claimant shall be backdated in the Land Registry to the date when the lawsuit was registered in the Land Registry.
• The same principle applies with respect to heirs of a deceased real estate property owner in that the ownership of the heirs is registered in the Land Registry on the date of death of the original owner even though the probate proceedings validating the ownership of the heirs took place subsequent to the date of death of the original owner.

Property Law

• The rulings of the Rental Chamber of the Court of Cassation in Court Judgment No. 534/1972 and Court Judgment No. 889/1973 pertaining to the eviction of commercial, industrial or professional tenants were overturned.
• It was held that it is not permissible to evict commercial, industrial or professional tenants for the purposes of freeing up the leased premises for residential housing.

Property Law

• Sales of real estate properties located in the border areas are subject to special authorization.
• Courts may order the confirmation of sales contracts pertaining to real estate properties located in the border areas if the permit authorizing such a sale is issued before the court ruling.
• Courts are prohibited from confirming such sales contracts in the absence of the said permit.

Property Law

• A tenant cannot avoid a court judgment ordering their eviction by rectifying their breach of the tenancy contract just prior to the time period when the landlord files their lawsuit to evict the tenant.

Property Law

• The law imposes a special tax on tenancy contracts when the lessee is a foreign national.
• The legal relationship between the landlord and the tenant on the one hand and the Public Treasury to whom the tax is owed on the other does not derive from the tenancy contract.
• The Public Treasury is not a party to the said tenancy contract between the landlord and the tenant so the correct jurisdiction to adjudicate such disputes would be the Council of State Administrative Court.

Civil Procedure

• The issuance of a court judgment and the subsequent enforcement decision by the Execution Department enforcing the underlying court decision are two separate processes with their own objectives.
• Notification of the enforcement decision does not replace the process for serving the underlying court judgment.
• The enforcement decision is not required to include the full judgment with its legal reasoning.
• The enforcement decision should not reactivate the appeals statute of limitation.

Property Law

• It was held that the ownership of a real estate property subject to an attachment order may be transferred without the consent of the party in whose favour the attachment order was imposed.
• The rights of the party in whose favour the attachment order was imposed will be legally protected and enforceable against the transferees of the real estate property.

Property Law

• According to Article 825(1) of the Civil Code provided for in Legislative Decree 84/1949, rights to real estate property are acquired and transferred by registration in the Land Registry.
• According to Article 825(2) of the Civil Code, the right of ownership over and the right to dispose of real estate property may be derived from mixing one’s labour with the property in question pursuant to the applicable provisions of the law.
• According to Article 825(3) of the Civil Code, ownership over a real estate property may be acquired prior to registration in the Land Registry in cases of inheritance, expropriation or a court judgment, but such acquisition only has legal effect from the date of registration in the Land Registry.
• The rules of retroactive acquisition of real estate property as stipulated for in Article 825 of the Civil Code are obligatory in cases where residential properties were previously abandoned.
• The rules of retroactive acquisition of real estate property as stipulated for in Article 825 of the Civil Code apply from the date a legal charge is entered in the Land Registry pursuant to a judgment in a real estate lawsuit.

Property Law

• In a real estate property sale contract, the buyer’s breach of their obligation to pay the balance of the price or the court granting the buyer a grace period to pay the price both give rise to maintaining the legal validity of the said contract unless doing so would greatly prejudice the interests of the seller.

Property Law

• The owner of a real estate property that is partially expropriated by the state may request that the relevant public authority acquire the remaining part of the property on the basis that the owner is unable to utilize it.
• If the expropriating party refused to acquire the remaining portion, the owner shall have the right to judicial recourse before the Council of State Administrative Court, which is the competent authority to hear grievances against administrative decisions, not the ordinary civil courts.

Property Law

• A judgment confirming a sale of real estate property after the application for confirmation was withdrawn based on the request of an applicant amounts to gross professional negligence by the court in question as the legal relationship between the two parties cannot then be determined and brought back in existence.

Property Law

• A lawsuit pertaining to the restoration of possession is separate from a claim asserting legal ownership over a real estate property as it is mainly concerned with determining who has the right to possess the property at the relevant point in time.
• The legislature assigned restoration of possession lawsuits to the Magistrate of the Peace with the authority to dispose of them summarily since the protection of private real estate property from unlawful seizure is an essential objective to protect security and order in society.
• Restoration of possession lawsuits are filed by the legitimate possessors of a property if another party unlawfully encroaches on their rights, such as a tenant overstaying their tenancy.
• Seizure of a property by another party is a basic and essential condition for the judiciary to adjudicate a restoration of possession lawsuit irrespective of an ownership right because it aims to protect possession for its own sake and return the litigants to their previous position.
• The ruling issued in a restoration of possession lawsuit does not restrict the authority of the court hearing the ownership claim even if it is the same court that rules on the right of possession.
• Proving legal ownership is not within the scope of a restoration of possession lawsuit.
• The Court of Cassation noted in Court Judgment No. 56/1982 that while it is not permissible to rule in restoration of possession lawsuits on ownership claims, the court may nevertheless refer to documents evidencing ownership rights to the extent that they assist the judges in determining which party bears the right to possess the property in question.
• Restoration of possession lawsuits are not considered real estate cases even if they relate to property but rather personal claims aiming to challenge an unlawful seizure.
• The Court of Cassation had previously stated, somewhat conflictingly, in Court Judgment No. 56/1982 that a restoration of possession lawsuit is brought against the person to whom possession of the real estate property has been transferred given that it is a real estate case that is concerned with the property regardless of the identity of the individual who possesses it.
• Courts that do not adhere to the established jurisprudence in restoration of possession lawsuits risk a finding of gross professional negligence.
• The Court of Cassation held in Court Judgment No. 56/1982 that the protection of possession is due to the fact that the legislature presumes that the possessor is the owner of the property and any claim to the contrary must be proved through the legally established methods.
• According to Court Judgment No. 56/1982, forms of unlawful seizure of a real estate property include by force, fraud or deception.

Property Law

• A rental relationship is only established by means of a tenancy contract concluded between the owner and the tenant.
• The Court of Cassation held in Court Judgment No. 2036/2006 that all of the owners of a real estate property must be listed as defendants in a lawsuit arising from a tenancy contract.

Property Law

• If the contractual provisions convey that the main purpose of the agreement is to exploit the trade name, brand, customers, location, administrative license and other added values of a commercial enterprise, then such a contract shall be considered to be an investment agreement.
• If the objective of the agreement is to utilize the real estate property itself, then it shall be considered a tenancy agreement.
• An investment agreement is distinguished from a tenancy agreement by virtue of the fact that the former comprises an annual fee as opposed to monthly payments for example with respect to tenancy contracts.
• Unlike a tenancy agreement, an investment agreement is not registrable with the applicable municipality.
• An investment agreement is subject to the authority of the Civil Code provided for in Legislative Decree 84/1949 and not the Landlord and Tenant Law 20/2015, which governs tenancy agreements.

Property Law

• The difference between an investment contract and a lease contract depends on whether the purpose of the agreement is to mainly exploit a real estate property or managing an existing business on the same premises.
• If the investor benefits from the commercial brand, its customers and clientele, its location, its licenses and so forth, then the agreement is most likely an investment contract.
• The distinction between an investment contract and a lease contract is significant because it will indicate which legal provisions, whether tenancy or otherwise, apply to the agreement in question.

Property Law

• Where a seller of a real estate property has sold the said property to two buyers, the right to title shall be vested in the buyer who registers their ownership in the Land Registry first unless it can be proven that the buyer who registers first conspired with the seller with the intention to harm the interests of the buyer who failed to register their ownership first.
• It nevertheless becomes challenging to invoke the authority of the entries in the Land Registry where the buyer who failed to register their ownership first had prior knowledge of defects in the sale of the property that would compromise their right to ownership.
• The Court of Cassation held in Court Judgment No. 487/1979 that a buyer possesses the right to apply for a provisional attachment order against the sold property and file a claim accordingly after the seller has transferred ownership to a third party with whom they conspired to the detriment of the buyer’s interests despite the absence of a direct contractual relationship between the buyer and the third party.
• The Court of Cassation ruled in Court Judgment No. 381/1967 that such a conspiracy can only exist after the right of a party to the real estate property in question arises by law, not prior to its legal recognition.

Property Law

• In real estate ownership claims, the person whose name appears on the title deed shall be presumed to be the legal owner of the property.
• Any other person disputing such ownership must prove the legality of their entitlement to the property in question.

Property Law

• Administrative licensing is a precondition for confirming a sales contract and transferring ownership of a real estate property via registration in the Land Registry.
• If a claimant does not obtain the said license or permit, then their lawsuit is dismissed.

Property Law

• Sales of real estate properties located near international borders are subject to official consents, such as from the Ministry of Defence, which take the form of administrative licenses.
• The issuance of an administrative license is a condition of confirming the sale and transferring it to the buyer by virtue of its registration in the Land Registry.
• If the administrative license is not obtained accordingly, the transfer of ownership will not be evidenced in the Land Registry.

Property Law

• By the nature of property law, a gift is a voluntary transfer of an asset by one party to another party without consideration.
• It was held that in accordance with Article 456 of the Civil Code provided for in Legislative Decree 84/1949, a gift of a property is based on an official document unless it is made under the guise of another contract

Property Law

• The Execution Department, which enforces the judgments of the courts, may not take a decision to hand over a real estate property in the course of implementing a court ruling unless such action was mandated in the judgment.

Property Law

• The effects of judgments issued in real estate cases shall be extended to the date a charge was registered on the property because it is deemed a right in rem.

Property Law

• Any entry into the Land Registry has legal authority and binds third parties accordingly.
• Two parties entered into a sale and purchase agreement over a real estate property but the claimant alleged that the agreement concealed a mortgage.
• The claimant alleged that he was the mortgagee and owed money to the defendant who was the mortgagor.
• The claimant termed the contract a sale and purchase agreement for their own reasons but in reality it was apparently supposed to act as a mortgage agreement.
• The sale and purchase agreement was subsequently recorded in the Land Registry.
• Refuting the validity of an entry in the Land Registry is only possible with concrete evidence.
• It was held that it is not permissible to repudiate the validity of a contract recorded in the Land Registry on the basis of oral testimony as long as there is no violation of the public order.
• Since a mortgage agreement is permitted by law, it does not contravene the public order.
• If it is not proven that the real estate property in question is burdened with a mortgage and there is no indication as such in the Land Registry, then the claim that the sale and purchase agreement is a fictitious contract hiding a mortgage agreement cannot be proven by oral testimony.

Property Law

• It was held that the jurisprudence of the Court of Cassation has established that a member of a housing cooperative society has the right to sell the real estate property allocated to them if they have fulfilled all their obligations irrespective of whether the buyer is a member of the said housing cooperative society or not.
• The validity of the sale is therefore not conditioned on notice being provided to the housing cooperative society as there is no text in the law that requires the housing cooperative society to be made aware of the purchase.
• The records of housing cooperative societies possess the same legal effect as Land Registry records so notification to the general public is presumed by law.

Property Law

• A bailment contract, also known as a trust contract under Syrian law, is an agreement between two parties whereby one of them transfers possession but not ownership of a movable property, including money, to another party for a set period of time before the latter returns possession of the item in question to the owner or to a third party at the owner’s direction.
• In the event that the person who takes possession dishonours the bailment contract, also known as a breach of trust, such as by exploiting it for their benefit, such action gives rise to criminal liability.
• It was held that criminal proceedings pertaining to a bailment claim are contingent on the existence of a personal right by the aggrieved party.
• In the event such a personal right is denied or the aggrieved party forfeits their personal right in this respect, the criminal prosecution must be stopped.
• With respect to the evidence in question, it is restricted to the rules applicable in civil cases to prove the obligation in accordance with Article 177 of the Criminal Procedure Code provided for in Legislative Decree 112/1950, and the right of the judge to assess, weigh and infer from it accordingly in order to issue their judgment.
• It must be proven that pursuant to Articles 656 and 657 of the Criminal Code provided for in Legislative Decree 148/1949, possession of the movable property, in this case money, was actually delivered to the party who would possess it temporarily with a commitment by the said party to return it accordingly, which establishes intent.
• It is the duty of the judge to investigate the veracity of the bailment contract, determine its nature and confirm that the elements for criminal liability exist.
• In the event the judge reaches the conclusion that the relationship in question gives rise to an agreement other than a bailment contract, then criminal liability will not be imposed.

Property Law

• An attachment order may be imposed against a real estate property by the Execution Department, which enforces court judgments, in furtherance of execution procedures initiated upon a court judgment attaining the status of res judicata, deeming it final, conclusive and subject to enforcement.
• A claim for entitlement is a lawsuit filed by a third party who is not a party to execution procedures but who claims ownership of the real estate property that is the subject of the said execution procedures.
• The respective third party is entitled to request recognition of their right over the said property and invalidation of the said execution procedures.
• A claim for entitlement is actionable in the course of execution procedures pertaining to the relevant real estate property.
• The conditions for filing a claim for entitlement include ascertaining ownership over the property by the said third party and that such ownership is recorded accordingly in the Land Registry, or that the third party has managed to insert a legal charge on the title deed of the property evidenced by the particulars of a relevant lawsuit, or that the third party possesses an official document predating the attachment order evidencing their claim.
• There is no room for comparison in a claim for entitlement between a legal charge evidencing a lawsuit on the title deed and a legal charge evidencing an attachment order because the comparison is between legal charges of the same type.
• The character of a legal charge evidencing a lawsuit becomes relevant in the case of multiple sales of the real estate property if there is any such difference between a legal charge evidencing a lawsuit and a legal charge evidencing an attachment order.

Property Law

• Article 768 of the Civil Code stipulates that the owner of a real estate property as listed in the Land Registry has the right to use it, exploit it and dispose of it within the limits of the law, and to benefit from all entitlements derived from it pursuant to Article 770 unless there is an agreement to the contrary.
• Both these provisions were interpreted to recognize legal ownership over the property in question, which is not affected by another lawsuit existing prior to the date of the owner’s entry in the Land Registry as long as a verdict in the previous lawsuit in question has not been rendered to the detriment of the owner.

Property Law

• There are two types of real estate properties – registered and unregistered land.
• Until its particulars are recorded in the Land Registry, a property is deemed to be unregistered.
• The statute of limitations derived from a sale that takes place before unregistered land is surveyed accordingly, before the acceptance of objections to the findings of the said survey, or before the confirmation of rights accorded to the claimant claiming the unregistered land is valid for a period of two years from the date of the decision by the real estate judge in the Court of First Instance, or the ruling of the Court of Appeal, or the announcement of the surveying works.
• The statute of limitations derived from a sale that takes place during or after unregistered land is surveyed accordingly, after the acceptance of objections to the findings of the said survey, or after the confirmation of rights accorded to the claimant claiming the unregistered land is no longer limited to the said two-year period but the normal time period.

Property Law

• Article 13 of the Land Registry Law 188/1926 considers that purchasers of real estate properties are subject to any conditions listed in the relevant entries in the Land Registry.
• It is derived from the principle that considers rights that are not registered in the Land Registry shall not be invoked against others unless there is evidence of collusion and an intent to harm the rights of third parties.
• Even if a buyer is aware of the rights of a third party which are not registered in the Land Registry, it was held that the buyer is not bound by any such restrictions which are not contained in the Land Registry unless the buyer colluded with the seller or intended to the harm the rights of the third party.

Property Law

• The sale of a real estate property by virtue of a public auction conducted in accordance with the law and regulations purifies the ownership of the said property from a legal perspective.
• Since the claimant was unable to prove her rights as a tenant whether by contract or before the Execution Department, which enforces court judgments, before the public auction took place and the transfer of ownership of the property, the lawsuit was dismissed.

Property Law

• Individual property is a safeguarded constitutional right that the state may only infringe upon via an acquisition order issued pursuant to the Expropriation Law 20/1983.
• The owner must be compensated for the real estate property in accordance with the provisions of the Expropriation Law.
• The consent of the owner to the expropriation is also a legal requirement.

Property Law

• The defendant’s denial of the existence of a genuine contract of sale and the argument that it is actually a mortgage contract can be considered among the new facts that permit the claimant to amend the subject matter of their claim accordingly.
• The court shall have the right to properly categorize the claim in light of the existing evidence and the statements of the litigants.

Property Law

• In lawsuits to terminate a tenancy contract, compensation payable takes into consideration all the tangible and intangible elements, including the land and the building, and their status on the date of inspection following vacancy.
• The term ‘building’ stipulated for in Article 2 of the Landlord and Tenant Law 6/2001, which was repealed and replaced by Law 20/2015, included the leased property with all of the aforementioned elements, which was to be used as the basis to determine the said compensation.
• Any contrary jurisprudence with respect to such compensation was overruled.

Property Law

• Any dissolution of joint real estate property by common owners must be registered in the Land Registry before a lawsuit pertaining to the division of the property can be heard.

Property Law

• It is not permissible to claim ownership over a trademark unless it has been registered accordingly with the Trademark Department.

Property Law

• Real estate rights are acquired and transferred by registration in the Land Registry.

Property Law

• Article 9 of the Landlord and Tenant Law 6/2001, which was repealed and replaced by Law 20/2015, dealt with the right of tenant in a rental relationship to occupy the new premises or a part thereof where the real estate property that was the subject of the original tenancy had been demolished and rebuilt provided that the tenant was able to use the premises as they had done so prior to their eviction.
• It was held that the tenant’s right to return to the new premises in the case of an eviction pursuant to Article 9 of the Landlord and Tenant Law 6/2001 was exclusively limited to the intention of the landlord to demolish and rebuild the real estate property.
• The tenant’s right to return did not extend to the cases where the leasehold no longer existed or the dissolution of the rental relationship.

Property Law

• In a dispute pertaining to the transfer of real estate property to a bona fide third party who had no prior knowledge of the defective sale, the decision of the Court of Cassation Court Judgment No. 1134/2013 was referenced.
• In the Court of Cassation Court Judgment No. 1134/2013, it was reasoned that the provisions of the Land Registry Law 188/1926 must be applied to the exclusion of the Civil Code provided for in Legislative Decree 84/1949 since the former is a specific law that takes precedence over the general provisions of the Civil Code unless the Land Registry Law is silent on a given matter under consideration.
• Since the Civil Code did not amend or revoke the relevant provisions of the Land Registry Law, which was issued more than two decades before the Civil Code, the Land Registry Law was the appropriate piece of legislation to reference.
• Articles 8, 13 and 14 of the Land Registry Law were construed to confer protection on a buyer of a real estate property who acts in good faith on the basis that they were unaware of legal defects in the Land Registry pertaining to the title of the property that would otherwise have invalidated the transfer of the said property.
• Even if the seller of the property managed to insert their name in the Land Registry fraudulently or without legal justification, the bona fide third party purchaser of the said property is not affected unless they were aware of such circumstances.
• The aggrieved party who was affected by the defective transfer of the property from the transferor to the third party bona fide transferee is left with the option to pursue a claim against the transferor.
• The decisions of the General Assembly of the Court of Cassation supported this line of argument in Court Judgment No. 60/1972 and Court Judgment No. 282/2014.

Employment Law

• Acceptance by an employee to undertake overtime work at the request of their employer gives rise to a right by the employee to claim for remuneration for such overtime work.
• The right to claim for overtime pay does not lapse unless the statute of limitations period expires.

Employment Law

• Working during the times prohibited by the Labour Code and the rights to which an employee is entitled to are covered by the Civil Code provided for in Legislative Decree 84/1949.
• Such entitlements owed to an employee have been incorporated to a significant extent into the Labour Code provided for in Law 17/2010.
• In the event the Labour Code is silent on a given matter, reference shall be had to the Civil Code.

Employment Law

• If an employment-related dispute in question is not related to the salaries of employees or the application of the provisions of the Labour Code provided for in Law 17/2010, then such a dispute shall not be deemed to be an employment dispute and is not covered by the special legislative provisions.

Employment Law

• The compensation that an individual receives following a workplace injury is derived from the legal relationship between their employer and the General Establishment for Social Security.
• Such compensation shall be distinguished from the damages awarded by the court for the tort committed that led to the employee’s injuries.

Family Law

• Gifts offered by a prospective spouse to the other that do not form part of the dowry are subject to the provisions of Article 468 of the Civil Code provided for in Legislative Decree 84/1949.
• Any such dispute pertaining to the said gifts falls under the jurisdiction of the ordinary courts and not the Sharia or spiritual courts.

Family Law

• A will drafted by a testator will be suspended for a legitimate purpose if it is contrary to the objectives of the Sharia.
• A testator who authorizes beneficial disbursements to his daughters on the condition that they refrain from marrying is contrary to the basic objectives of the Sharia pertaining to family values.

Family Law

• Disputes arising from a marital contract among members who do not adhere to the Muslim faith fall under the jurisdiction of the religious courts of the sect that validated the marital contract.

Family Law

• The permissibility of oral testimony in family lawsuits does not include financial matters where the claim contradicts or exceeds an amount contained in written evidence.
• Article 221 deals with the use of a will as mandated by the Personal Status Code provided for in Legislative Decree 59/1953 for the purposes of evidence.
• A will can be referred to for the purposes of evidence unless the testator expresses a desire not to do so.
• Although a will is in written format, it will not necessarily override oral testimony because it is considered to be an expression of the will of the testator as per Article 93 of the Civil Code provided for in Legislative Decree 84/1949.
• Proof of a party’s intentions is separate to expressing one’s will.
• The Personal Status Division of the Court of Cassation held in Court Judgment No. 495/1972 that a testator has the right to amend their will at any time prior to their death by word or deed and whether explicitly or implicitly, though the will must be accompanied by valid evidence during the probate process.
• Upon the death of the testator, if two wills are found during probate, the judge must verify which is the latest will to have been drafted as the judge must rely on the latest will in fulfilling the testator’s wishes according to Court Judgment No. 495/1972.
• It was also held in Court Judgment No. 495/1972 that if two executors are appointed by the testator but one of them refuses to accept their appointment upon the testator’s death, the judge has discretion as to how to deal with the situation.

Family Law

• The executor of an estate must be authorized accordingly and his appointment must also be registered pursuant to Article 840 of the Civil Code provided for in Legislative Decree 84/1949.
• The trial court has an obligation to validate the authorization of the said executor.
• An executor who is authorized accordingly shall be entitled to represent the estate before all stages of a court.

Family Law

• The executor of an estate has the authority to claim on behalf of and defend the rights of the estate in the event the estate is subject to liquidation.
• The executor represents the estate and not the heirs to the estate.
• The Court of Cassation confirmed in Court Judgement No. 478/1982 that the appointment of the liquidator does not authorize them to represent the estate unless their appointment is registered in the public registry as stipulated for in Article 840 of the Civil Code provided for in Legislative Decree 84/1949 in order to put third parties on notice of the liquidation to avoid individual action against the estate as anticipated in Article 875 of the Civil Code.

Family Law

• The witnesses whose testimony is relied upon to prove the validity of a marriage are not obliged to have attended the conclusion of the marital contract.
• The witnesses are also not expected to have knowledge of the amount of the dowry.
• The Sharia Court, which deals with family law issues for adherents of the Muslim faith, has adopted jurisprudence that such matters are not conditions that substantiate the validity of a marital contract.

Family Law

• The sale of a minor’s assets by their legal guardian without the consent of the Sharia Judge is void.