Arab laws online egypt laws civil code of egypt in english. This concept can be found in various legislative instruments across the legislative spectrum, including the criminal procedures code, family law, child juvenile law, human trafficking law, and advocacy law. That might sound like an unremarkable statement, but it has considerable importance in appreciating how central, even essential, legal texts are to the egyptian concept of law and the rule of law. The full text of egypts new investment law can be accessed here. The law provides that employees have the right to twentyone days of paid vacation. Commercial laws of egypt october 2012 an assessment by the ebrd. The eeaa formulates general policy and prepares the necessary. London resident manager, clifford chance, sharjah marjorie j hall ba, phd introductory chapter general provisions part 1 provisions relating to the application and effect of the law in time and place section 1 the law and its application article 1. The constitution provides the salient legal principles that parliament should observe while passing any legislation.
He wrote the draft of the iraqi civil code with the help of many iraqi jurists guided by him elsanhuri was born to a poor family and, he was orphaned. Other supplementary laws include the commercial code and code of civil procedure. As in other civil law legal systems, government law in egypt is considered to be embodied in legal texts, such as codes and statutes. Some of its features are set forth in this article. Egypts legal system is based on islamic law sharah and napoleanic codes, including the french code civil, upon which the egyptian civil code is largely based. Parties to a contract are free to agree on the governing law and jurisdiction, and their agreement will be upheld by courts to the extent that it does not violate public policy.
The egyptian civil code is the primary source of civil law for egypt the first version of egyptian civil code was written in 1949 containing 1149 articles. The law prohibits discrimination in wages on the basis of sex, origin, language, religion or creed. Egypt is a civil law jurisdiction based on the french civil code. Probationary period employees in egypt are typically hired with an initial probationary period. This chapter presents the substantive criminal law of egypt according to the sources of that law. Tourist establishments subject to the provisions of law no. The civil code of 1949, the basic law governing property rights in egypt, clearly reflects the aims of the reform movement of the first half of this century. Pdf egyptian law regulations in occupational safety and health. The code focuses on the regulation of business and commerce, and does not include any provisions regard. It is a national law in that it was drafted on the basis of the particular requirements of egypt and derived from egyptian legal sources. It is a goal as yet unattained, but a defi nite trend in the direction of unification does.
This is especially true, given that egyptian law continues to be subject to rapid change, on the level of legislation, administrative practice and case law, with further legal amendments. Environmental issues in egypt are governed by law no. Provisions of laws govern all matters to which these provisions apply in. Egypt law an overview expert insight into the egyptian. Small claims cases are tried before a single judge. However, many other rules of conflict of laws can be found in other different statutes such as the commercial code act no 17 1999 and the arbitration act no 27 1994. Overview more than four years after the dramatic events in cairos tahrir square led to the resignation of president hosni mubarak and egypts firstever democratic elections, egyptian civil society and independent media are once again struggling under military oppression.
However, there is a need to increase awareness regarding the use of civil law as a mechanism to combat corruption. The legislation which takes the form of codes provides the. Civil litigation in egypt features two levels of litigation two trials of fact, plus an appellate level. The drive to create a unified national jurisdiction in turn required egyptian jurists to confront the jurisprudential inconsistencies that existed between the civil codes adopted in the secondhalf of the nineteenth century and the system of islamic law that was the general law in egypt prior to those reforms, and thus led to a series of. When, however, as a result of exceptional and unpredictable events of a general character, the performance of the contractual obligation, without becoming impossible. Whether and in what form the sharia might supplement or replace the current law in these states, much of which has been derived from the civil or common law systems, is an important issue. Establishments used for electrical power generation and production which are under the provisions of laws nos. Product liability law in egypt an overview of some civil and. Pdf egyptian law regulations in occupational safety and. Articles 5480 have been repealed by presidential decree. A person who is less than eighteen years of age shall not exercise the profession of trade in egypt even though the law of the state to which he belongs, by his nationality considers him of full age on. The first version of egyptian civil code was written in 1949 containing 1149 articles. Abd elrazzak elsanhuri or abd alrazzaq alsanhuri 18951971 arabic. Egyptian law governing product liability has traditionally been found in general civil code principles on contract or tort.
Egypts government services portal laws and constitution. The egyptian legal system, being considered as a civil law system, is based upon a wellestablished system of codified laws. It remains to be seen whether the introduction of the new commercial courts will improve the position. Application of fidic contracts under the egyptian civil code. The new egyptian civil code and the unification of the laws of the arab countries gamal moursi badr one of the lesser noticed aspects of the presentday movement towards arab unity is the unification of the legal systems of the various arab countries. Pdf the enforceability of time bar clauses in construction. With respect to transactions between natural persons or legal entities, the most important legislation is the egyptian civil code of 1948 the ecc which remains. The ancient egyptians viewed men and women, including people from all social classes except slaves, as essentially equal under the law, and even the lowliest peasant was entitled to petition the vizier and his court for redress. It can be revoked or altered only by mutual consent of the parties or for reasons provided for by law. Egyptian women were also allowed to seek justice, and like men could have their day in court. Being one of the main comprehensive and largest laws among the egyptian legal framework, this law. The attached law shall operate in respect of civil transactions for the uae. Construction claims are a fact of life on all projects across the world.
The prime author of the 1949 code was the jurist abd elrazzak elsanhuri, who received assistance from dean edouard lambert of the university of lille. Similarly, in civil matters, article 98 introduces the right to counsel and to legal aid, stating, the right of defense either in person or by proxy is guaranteed. Add tags for the egyptian civil code, promulgated by law no. However, the contracting parties were permitted to apply to of formality irrespectively, the law of the state in which the transactions were concluded, the law applicable to the matters of substance, i. Industrial establishments subject to the provisions of law no. Article 1 the provisions of the annexed law shall apply to any arbitration pending at the time of its entry into. Product liability under consumer protection law in addition to article 67 of the commercial transaction law, further provisions on liability for defects were introduced into egyptian law in 2006.
This research attempts to provide a guideline for using civil law to deter corruption within the current egyptian legal framework. In case of any discrepancy, the arabic version of this law. In cases where the wage of the employee is fixed per commission or output, the law specifies that the worker shall not obtain a wage less than the minimum wage. No egyptian law code has as of yet been found which corresponds to mesopotamian documents like the code of urnammu or hammurabis code but it is clear that one must have existed because precedent in deciding legal cases was set by the time of the early dynastic period c. Law on the the preference of the egyptian products in government contracts law no.
An overview of the egyptian legal system and legal research. Being one of the main comprehensive and largest laws among the egyptian legal framework. The recent revolutions in tunisia, egypt, and libya have added fuel to the ongoing discussion about the appropriate role of the sharia in the legal regimes of modern muslim states. The civil code translated from arabic into english by james whelan ma cantab, cert. Egypt laws civil code of egypt in english arab laws online. The recent revolutions in tunisia, egypt, and libya have added fuel to the ongoing discussion about the appropriate role of the sharia in the legal. According to the law, the concession of the real estate is a legal act that implies that there are commitments on the seller. Blessed with a unique location and history, the arab nation of egypt is the heart of. The civil code the arab republic of egypt the civil code in. Egypts civil code governs the areas of personal rights, contracts, obligations, and torts.
Dec 22, 2016 product liability under consumer protection law in addition to article 67 of the commercial transaction law, further provisions on liability for defects were introduced into egyptian law in 2006. This law provides for the creation of an agency for the protection and promotion of the environment, the egyptian environment affairs agency eeaa. Perhaps due to lamberts influence, the 1949 code followed the french civil law model. Elements of contracts consent object consideration nullity the effects of a contract dissolution of contract. Civil law expert insight into the egyptian judiciary and. Applying civil law in an effort to eradicate corruption in. The length of the probation period is fixed by contract and, by law, cannot exceed three months. The egyptian law adopted the above mentioned rule in art 20 of the civil code. In an attempt to safeguard themselves against the risk of claims, employers utilise time bar clauses in construction contracts to waive the contractors entitlement to any.
Law on the organization of tenders and auctions law law no. He wrote the draft of the iraqi civil code with the help of many iraqi jurists guided by him. These rules of conflict of laws are therefore qualified as positive rules. In egypt, free access to the justice system and legal aid are constitutional rights. Sources of egyptian law include the constitution, legislation, custom and practice. View ancient egyptian law research papers on academia. Under president mubaraks successive governments, the courts have demonstrated increasing. Arabic law 2000091 amending some provisions of law no.
The egyptian civil code is the primary source of civil law for egypt. New egyptian civil code and the unification of the laws of. The civil code the arab republic of egypt the civil code in case of any discrepancy, the arabic version of this law shall prevail the civil code preliminary chapter section i laws and their applications 1. Request pdf on apr 6, 2016, noha shafik and others published application of fidic contracts under the egyptian civil code find, read and cite all the.
Created by pdf generator, to remove this mark, please register the software. According to the law, the concession of the real estate is a legal act that implies that there are. Laws and rights article 1 provisions of laws govern all matters to which these provisions apply in letter or spirit. The egyptian positive rules for the conflict of laws. Arabic law 2008126 amending some provisions of law no 12 for 2006 for the code of the child.