Code civil égyptien (Loi n° 131 de 1948)

المادة 1

Legislative provisions shall apply to all matters they address, whether explicitly or implicitly. In the absence of an applicable legislative provision, the judge shall rule according to custom. In the absence of custom, according to the principles of Islamic Shari'a. In the absence of these, according to the principles of natural law and the rules of equity.

المادة 2

A legislative provision may not be repealed except by a subsequent law that expressly states such repeal. Or includes provisions inconsistent with the prior law. Or re-regulates the subject matter previously governed by that law.

المادة 3

Time limits shall be calculated according to the Gregorian calendar, unless the law provides otherwise.

المادة 4

Whoever exercises his right lawfully shall not be liable for any harm arising therefrom.

المادة 5

The exercise of a right shall be deemed unlawful in the following circumstances • If the sole purpose thereof is to harm others. • If the benefit sought is disproportionate to the harm caused to others. • If the benefit sought is unlawful. Section 2: Application of the Law Conflict of Laws in Time

المادة 6

Provisions relating to capacity shall apply to all persons who meet the conditions stipulated therein. If a person previously enjoyed legal capacity under former provisions but is rendered lacking in capacity under new provisions, this shall not affect his prior transactions.

المادة 7

New provisions on prescription shall apply from their effective date to any prescription period not yet completed. However, former provisions shall govern matters relating to the commencement, suspension, and interruption of prescription for the period prior to the new provisions’ entry into force.

المادة 8

If a new provision prescribes a shorter prescription period than the former provision, the new period shall run from the date of the new provision's entry into force, even if the former period had already commenced. However, if the remaining time under the old law is shorter than the period prescribed by the new law, prescription shall occur upon expiry of that remaining period.

المادة 9

As to evidence prepared in advance, the applicable law shall be that in force at the time the evidence was prepared or was supposed to be prepared. Section 2: Application of the Law Conflict of Laws in Place

المادة 10

Egyptian law shall govern the characterization of legal relationships when determining their nature in conflicts of laws to identify the applicable law.

المادة 11

A person’s civil status and legal capacity shall be governed by the law of their nationality. However, for financial transactions concluded in Egypt and producing effects therein, if one party is a foreigner lacking capacity due to a concealed reason not easily known to the other party, this shall not affect his capacity. The legal status of foreign legal persons, such as companies, associations, and foundations, shall be governed by the law of the State in which their actual principal place of administration is located. Nevertheless, if their principal activity is conducted in Egypt, Egyptian law shall apply.

المادة 12

The substantive conditions for the validity of marriage shall be governed by the law of each spouse.

المادة 13

The law of the husband's nationality at the time of marriage shall govern the effects of the marriage contract, including financial effects. Divorce shall be governed by the law of the husband's nationality at the time of divorce. Separation shall be governed by the law of the husband's nationality at the time the action is brought.

المادة 14

In the cases referred to in the two preceding articles, if one spouse is Egyptian at the time of marriage, Egyptian law alone shall apply, except regarding capacity to marry.

المادة 15

Obligations of maintenance between relatives shall be governed by the law of the debtor.

المادة 16

Substantive matters concerning guardianship, trusteeship, conservatorship, and similar measures for protecting the incapacitated or the absent shall be governed by the law of the person requiring protection.

المادة 17

Inheritance, wills, and all dispositions taking effect after death shall be governed by the law of the deceased or the disposer at the time of death. However, the form of a will shall be governed by the law of the testator at the time of making the will or the law of the country where the will was made. The same applies to the form of other post-mortem dispositions.

المادة 18

Possession, ownership, and other real rights in immovables shall be governed by the law of the place where the immovable is situated. For movables, the law of the place where the movable is located at the time the cause for acquiring or losing such rights arises shall apply.

المادة 19

Contractual obligations shall be governed by the law of the State where the parties have a common domicile. If they have no common domicile, by the law of the State where the contract was concluded. Unless the parties agree or circumstances indicate the application of another law. The law of the place where immovable property is located shall govern contracts relating to such property.

المادة 20

Inter vivos contracts shall comply in form with the law of the place of their conclusion. They may also comply with the law governing their substance or the law of the parties' domicile or common nationality.

المادة 21

Non-contractual obligations shall be governed by the law of the place where the act giving rise to the obligation occurred. However, with respect to obligations arising from tort, the preceding rule shall not apply to acts occurring abroad which are lawful in Egypt even if deemed unlawful in the place where they occurred.

المادة 22

Jurisdictional rules and procedural matters shall be governed by the law of the country where the action is brought or the proceedings conducted.

المادة 23

The provisions of the preceding articles shall apply unless otherwise provided by a special law or an international treaty in force in Egypt.

المادة 24

In matters not expressly addressed in the preceding articles concerning conflicts of laws, the principles of private international law shall apply.

المادة 25

The judge shall determine the applicable law for persons whose nationality is unknown or who hold multiple nationalities simultaneously. Persons who simultaneously hold Egyptian nationality and the nationality of one or more foreign States shall be governed by Egyptian law.

المادة 26

Where the provisions above indicate that the law of a country with multiple legal systems applies, the internal law of that country shall determine which of its laws governs.

المادة 27

Where a foreign law is applicable, only its domestic provisions shall apply, excluding its rules on private international law.

المادة 28

Provisions of a foreign law designated by the above rules shall not apply if they contravene Egyptian public order or morality. Chapter Two: Persons: 1- Natural Person

المادة 29

The legal personality of a human being begins at birth alive and ends at death. Nevertheless, the rights of the unborn child shall be determined by law.

المادة 30

Birth and death shall be proved by the official records prepared for this purpose. If such proof does not exist, or the record entries are proven false, proof may be established by any other means.

المادة 31

Registers of births, deaths, and related notifications shall be regulated by special legislation.

المادة 32

Matters concerning missing or absent persons shall be governed by special laws. In the absence thereof, the provisions of Islamic Shari’a shall apply.

المادة 33

Egyptian nationality shall be regulated by a special law.

المادة 34

A person's family consists of their relatives. Relatives are those connected by a common ancestor.

المادة 35

Direct lineage is the connection between ascendants and descendants. Collateral kinship is the connection between persons sharing a common ancestor without one being a descendant of the other.

المادة 36

In calculating degrees of direct kinship, each generation is counted as a degree in ascending to the ancestor, excluding the ancestor himself. In collateral kinship, degrees are counted by ascending from one relative to the common ancestor and descending to the other relative. Each generation, apart from the common ancestor, counts as one degree.

المادة 37

The relatives of one spouse shall be considered in the same degree of kinship to the other spouse.

المادة 38

Every person shall have a name and surname. A person's surname shall extend to his children.

المادة 39

The acquisition and change of surnames shall be regulated by special legislation.

المادة 40

Domicile is the place where a person habitually resides. A person may have more than one domicile at the same time or may have no domicile at all.

المادة 41

The place where a person conducts business or practices a profession shall be deemed his domicile for matters related to the administration of such business or profession.

المادة 42

The domicile of minors, persons under guardianship, missing, or absent persons is the domicile of their legal representative. Nevertheless, a minor who has reached the age of eighteen and persons of similar status shall have a separate domicile for matters in which the law considers them capable of acting independently.

المادة 43

A chosen domicile may be designated for the performance of a specific legal act. Proof of a chosen domicile shall be in writing. The chosen domicile for the performance of a legal act shall be considered the domicile regarding all matters relating to that act, including enforcement procedures, unless expressly limited to certain matters only.

المادة 44

Any person who has reached the age of majority, is of sound mind, and has not been placed under guardianship, shall have full legal capacity to exercise his civil rights. The age of majority is twenty-one full Gregorian years.

المادة 45

Persons lacking discernment due to infancy, idiocy, or insanity shall not have capacity to exercise civil rights. Anyone under the age of seven shall be deemed lacking discernment.

المادة 46

Anyone who has attained the age of discernment but not the age of majority, and anyone of full age who is a prodigal or of weak understanding, shall have diminished capacity as determined by law.

المادة 47

Persons lacking or having diminished capacity shall be subject, as appropriate, to the provisions relating to guardianship, trusteeship, or curatorship under the conditions and in accordance with the rules established by law.

المادة 48

No person may waive his legal capacity or alter its provisions.

المادة 49

No person may renounce his personal freedom.

المادة 50

Anyone who has been unlawfully assaulted in any of the rights inherent to his person may demand that such assault be ceased and may claim compensation for any damage suffered.