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Law 31 of 2006
Personal status of the Catholic communities
Personal Status Law
Article 1 of this law specializing Catholic Christian denominations following: Melkite Greek Catholic, Maronite, Armenian Catholic community, the Syriac Catholic community, the Latin community, the Chaldean community.
Article 2-1: Each variety of denominations enumerated in Article I is a legal person distinct independent of particular systems.
2: but they are all ties with relatives and the whole, members of the body and is one of the Catholic Church, headed by His Holiness the Roman Pontiff Pope of Rome, which, combining with this church and the legitimacy of an indivisible unit.
Article 3 remain unchanged, without any prejudice or modify specific range of these sects systems as well as the rights and privileges acquired the force of law, or the passage of time and the accepted custom.
Article 4-1: taken the provisions of this law in the sense that initially indicated by the stand-alone and including attendant. But if their father is attributable meaning in his interpretation to the end of the law, and the circumstances of developed and the intention of the legislator in accordance with the following paragraph:
2: The provisions of this Law, which is based on "the laws of the Eastern Churches Group," published in 1990, and as it proceeded frequency and habits of the Eastern Catholic communities, construed in accordance with the spirit of this Shara and the value of these habits.
Article 5: renounce habits violation of the law where the law stipulates explicitly condemned, but Alswabah habits retains its strength and is considered the best interpretation of the law.
In people peek
Article 6: to be the person, in the legal meaning, replaces the rights and duties, in other words, each object with eligibility to acquire the rights and assume the duties.
Article 7: Personal meant to live it once the case distinct from the others, and with the total fixed-alone rights and duties own.
Article 8-1: In the church natural persons and legal persons, all of whom have legal personality.
2: Natural persons are individuals, some of whom Aclerikjon and some of them are secular.
3: legal persons are either associations legally Organization of natural persons, Kataiwaiv and religious orders and associations seminary ... and either religious, charitable stand-alone Kalooagaf, churches, schools, orphanages and others.
Article 9: Featuring Alaclerikjon for secular mystery class, monks vows, and belonging to the Seminary Association department. Among the seminarians-statement, as some of them over some degree, state and each of them the rights and privileges and upon assumptions and duties stipulated in the legal Shara.
Article 10-1: natural and legal personal gain in the Church through baptism. In the community where the birth or belonging to it in accordance with religious and civil public systems in force, taking into account the provisions of the following paragraph:
2: Forensic boy followed his father's range, taking into account the provisions of Article 25 of this Law, and the illegal unknown father, his mother's range.
3: lose this character, in terms of rights of the Church in all inhibitor prevents the ecclesial discipline or inflict church. In terms of the relevant sectarianism out of the community in accordance with applicable laws procedure taking into account the obligations and restraints and set legally.
Article 11: legal personality arise at different types, either by virtue of either al-Shara and a special decree issued by the ecclesiastical authority and good is characterized by varied excellence and diversity of their origin and purpose.
Article 12: Legal legal personality is eternal but reprinted from either disappear if they are free from the presence of two hundred years. Or cancellation if solved by ecclesiastical authority are valid and that in both cases decide the fate of their holdings.
Rule 13: Do not create a legal right to personal legal group, fewer than three natural persons. And when it was created is not removed until the demise of all its members in accordance with prior material.
Article 14: the rule of legal persons arbiter minor in terms of administration and the judiciary.
Article 15: Not all people, whether in the civil rights and duties, but each is characterized by some as age, place of residence, caste, and personal situation.
Article 16 is a great person or an adult and have the freedom to act in its affairs when completed eighteen years of age, and as long as under that age is a minor subject in the conduct of affairs of the guardian or guardian, except for those things that expressly authorized by law to exercise itself.
Article 17-1: minor after the completion of fourteen years of age is a great non-Rashid.
2: said of the minor before the completion of the seventh-old child he is uncharacteristically not official. After that age is estimated distinctive and punished for his actions, but he excused them nearly as much as the age of zest and exempt from sanctions the window just to act.
Article 18: The cause of the child was unconscious discrimination Queen of Crazy like a jerk and applied in any age.
Article 19: In terms of the place of residence in person called "settlers" If a dwelling in it, and "outsider" If he has the semi-dwelling only, and "strange" if a house or condo in the semi, which is a place that is it off and "Toava or revolving" If it does not dwelling nor quasi his abode in any aspect of the land.
Article 20: housing two algebraic optional. Valghebre is the one who acquires and loses presumably strongly Shara and the judiciary. Optional and is taken by the person and his freedom gets: either to reside in the parish or diocese of what is always with the intention of staying, and either actual residence there for a full five years. (Law 912 clause 1 of the Eastern Churches laws).
Article 21: gaining semi-dwelling either stay in place with the intention of staying there at least three months, or actually reside three whole months in that place. (BC 912 item 2 of the Eastern Churches laws).
Article 22-1: minor necessarily dwelling or semi-dwelling subject the minor to his authority; and when it passed the childhood can also acquire semi-private dwelling, and when lifted by the state legally on civil Shara base can also acquire its own habitation. (BC 915 clause 1 of the Eastern Churches laws).
2: from legally placed under the jurisdiction or the tutelage of the reason for non-mansions have a dwelling and semi-dwelling guardian or guardian. (915 item 2 of the Eastern Churches laws).
3: it must be a couple dwelling or semi-common dwelling, and for some reason my mind that every one of them to have a dwelling or semi own dwelling. (S 914 of the laws of the Eastern Churches).
Article 23-1: housing or semi-dwelling should everyone parish priest and head of a local church from the church to which he belongs. (BC 916 clause 1 of the Eastern Churches laws)
2: Khoury who do not have residence or the semi-dwelling only in the diocese Khoury is the place where actually resides. (BC 916 item 2 of the Eastern Churches laws)
3: As the rotor local Fajorah local boss canon are Khoury cult where actually Prime cult resides in that place. (BC 916 item 3 of the Eastern Churches laws)
Article 24: It resides in a place where no Khoury of cult Fajorah is chosen by him religiously boss canon, from any Catholic rite else be done with the consent of the diocesan bishop Khoury chosen. (BC 916 clause 4 of the Eastern Churches laws)
Article 25: Everyone has the baptism of his community to be in accordance with the provisions of the law 29 of the Eastern Churches laws.
Article 26 for a woman to move into range of the pair at the establishment of marriage or as long as it exists. But if the dissolution of the marriage then you can go back to their community the first bond to the law 33 of the Eastern Churches laws.
In marital status
In the sermon
Article 27: the sermon of a contract between a man and a woman includes a promise to marry futures.
Article 28 is required for the health of the sermon:
Shall be Ktaiban sensible distinct Harin in conduct.
Shall be held in accordance with the laws of the particular law for each community.
(C) should not be among the suitors of permanent contraception marital printed, unless of which make way before the sermon. The inhibitions non-permanent and the disappearance of the passage of time or the will of the betrothed Vtsah sermon with them to be held after the demise of marriage.
Article 29: valid restrictive conditions sermon does not prevent her Shara, but may not be restricted to fines.
Article 30: The duration of the legal engagement of not more than two full years unless otherwise clause in the contract or the renewed consent of the two teams.
Article 31-1: deposit is all that gives one the other betrothed while the sermon as a marker and documenting them as usual familiar.
2: the gift is all that gives him a betrothed or relatives or friends Khatib or other relatives on the occasion of the engagement and during the term of a sign of love and the hope of a marriage between the betrothed.
Article 32-1: disintegration of the sermon verdict:
Consensual or death of a betrothed or Boutru mind my marriage between them or by selecting one case of complete than marriage or his contract a marriage with another or lapse of the legal term or achievement title resolution.
2: can annul an engagement at the request of a betrothed:
Committing one offense against religious or civil laws or Panevdah his will or by changing the particle to one of them in his person or his or rank or any other reason, religious, literary or health occurs to a betrothed court and spend as authorizing the dissolution of the speech so as not to hurt the other team.
Article 33 in the event of the dissolution of the sermon by mutual consent or for any other reason it was not a betrothed responsible for it, for both of them, or the heirs of the deceased of them to respond to another or to his heirs if requested him to have been accepted from a token gifts or time of the sermon, the kind existed or rather if they had draws, except for what is the cost of offering food or drink.
Article 34: If a betrothed cause them to occur or terminate the engagement void its responsibility, he must restore the last whatever may be accepted from a token gifts in kind that existed or rather the damage, and lose everything you have is his. And pays addition to the preacher innocent if he had damage to his right to appropriate compensation assessed by the tribunal.
Article 35-1: enters the door for compensation for damages caused by the dissolution of the sermon compensation for the losses that happens to a preacher of the innocent because of what may be the measures taken on his property and means of gain in preparation for marriage.
2: But this compensation is not required except to the extent expenses and commitments entered into and other measures should be proportionate to the circumstances.
Article 36 each condition in the sermon predetermined amount of compensation is moonshine has no value.
Article 37: compensation claim damages resulting from the passage of the sermon fall year on dissolution of the union.
In marriage and its provisions and its obligations
, Health and annulment and dissolution and disintegration of ties
Article 38: In the Eastern Catholic communities all marriages shall be subject to the provisions of the contract and its obligations, health and annulment and dissolution and the dissolution of its ties to the Eastern Churches issued on 18 October 1990, the laws of the articles 776-866 and attached to this law.
In the Latin Church it is subject to a set of legal right (western) Materials 1055 - 1165.
In financial matters and the device
Article 39: Each spouse retains ownership on his property and the right to manage and use, as well as the fruit of his work is not agreed upon in writing it.
Article 40: The machine is what women do come to the house of the pair of dresses and molded and baggage from her own money or money from her parents and relatives.
Article 41: Women have the machine as soon as grip and not to those who do not donate her heirs recover anything from him.
Article 42: If one of the parents claimed that what gave him back to his daughter's organ is naked, and she claimed that titling, Saying saying that the device is not more than equips its fold.
Article 43: The machine belongs to women, in any case, there is no right for a man in something of it, but it has the right to make use of it sanctioned by them and consent. If something raped him and perished or consumed him is his guarantor.
Article 44: If the couple disagreed on luggage house, what is appropriate for women is usually a woman only if the pair set up the evidence to the contrary, what usually works for men or the couple together is the husband what women did not evidence to the contrary.
Article 45: If the couple separated virtue, and if the house residents furniture which is fixed to the wife, the court may allow them to benefit from the Department.
In paternity and legitimacy of the boys and their effects
Article 46: The child is the fruit of man's union united women sexually. The link that links them or one of them is called filiation.
Article 47: the child would be legitimate if conceived or born of a valid marriage or calculated, and illegal if conceived or born of a marriage is.
Article 48-1: Father is evidenced by a legal marriage is contrary evidence did not prove evidence.
2: estimated boy legitimate if born for the full one hundred and eighty days, at least until the marriage contract or within three hundred days from the date of the dissolution of the marital dignified living.
Article 49: Every child is in a legal marriage is considered legitimate even claimed Ghraib and agreed the mother as a son of this strange not her stepson legitimate, unless it is proved not to get contact between the couple all useful length of rope and childbirth, according to the provisions of paragraph 2 of the previous article.
Article 50-1: all born during the marriage, though out of the limits specified in paragraph 2 of Article 48, not denied his stepfather during the month of his birth, if present, or within two months of knowing her, if absent , counting his son legitimate and true attributed to him.
2: But it is entitled to the heirs of the pair after his death, and within two months of the takeover this boy on his estate or the heirs of the opposition in the seizure may request to deny the legitimacy of Bnute if born after three hundred days of the dissolution of the joint dignified living.
Article 51: foundling is considered legitimate when insecurities.
Article 52 recognizes the legitimacy of the child is legitimate:
A subsequent marriage of his parents, both too complex for the first time or corrected, even if it is incomplete, it provided that the parents are susceptible to marry each other in a period of rope or pregnancy or childbirth.
B decree issued by the highest authority competent in cases that can not be the adoption of illegitimate filiation According to the first paragraph.
Article 53: All non-judicial work includes a pair deny ratios come to him or his heirs considered void has no value unless it was followed during a judicial proceeding generally doubtful percentage or general guardian, appointed for the purposes of this case, and in the presence of his mother.
Article 54-1: proving the legitimacy initially ratios, restrictions extracted from the birth records of the church in the parishes or from the state records in circles souls.
2: If the disappearance of the existence of such restrictions or could not be obtained Enjoy the boy as an illegitimate son enjoyed his fame continues and thus insufficient evidence on the legitimacy ratio.
Article 55-1: The boy is enjoying constantly as the illegitimate son Matthew Del sum sufficient facts in connection with filiation and ratios between him and the family that claims affiliation to it.
2: The most important of these are the facts:
(A) the fact that the boy always carried a father who claims to be his son's name.
(B) the fact that the father Koldh worker and as such cared upbringing and spending it and measure its future.
(C) the fact that the boy was always known as such in the community.
D family has been recognized by the fact that like them.
Article 56-1: no one can claim violates the proportions recorded in percentages under his birth and by the installer if a matching him.
2: Nor can one to antagonize another in the proportions best known was identical to under his birth.
Article 57: If you do not enjoy the boy constantly as the illegitimate son, or if it is registered at birth under an assumed name, or that of unknown parentage, paternity can prove the legitimacy of the evidence a statement of personal witnesses, provided that there is a linear or start aware that the evidence available serious and estimates are based on the facts of fixed and current.
58: is the start aware sin for the purposes of the previous article: titles of the family and their instruments and other records and books home and leaves, whether a competent father or the mother - as well as the restrictions and bonds issued by one of the parties in the litigation, or who could be of interest in, if he were alive .
Article 59: accept the evidence of lineage deny all evidence that the boy is not a son of parents who Adeihma.
Article 60-1: The provisions of the passage of time on the paternity suit on the one hand the boy does not apply as long as alive.
2: After his death, his heirs have no right to set up a minor unless he died or if they have made during the five years from the date of realization of majority if he died great.
3: But if the boy had started this lawsuit if his heirs are entitled to always follow them unless they give it up or neglected for three years.
Article 61-1: effect of filiation legitimate canon is eligible for degrees and titles, positions, sales.
2: The civil effect of the eligibility of the child and the legacy of his participation in by the father and the percentage of dependency with the right education and secure future.
Article 62-1: boys who recognized the legitimacy accordance with paragraph (a) of Article 52 equate immigrants in all the effects of filiation ecclesiastical and civil.
2: The adoption of Sharia in accordance with paragraph (b) of the said article Vthdd repercussions in a decree granted.
Article 63-1: the right of the child is legitimate and his mother and agent also fair to assess the case on the Onjbh to admit if renounce attributed to him.
2: But this recognition, was self-evident to the census office or in front of the bishop or governed by, the boy does not equal illegal Bacharaa July, but the right to alimony and education only, with the amount allocated for the management of future returns discretion of the Court.
Article 64 for each of the affected by the recognition of paternity is a legitimate right to challenge its validity through the years of the history of science.
Article 65: recognition rates of illegitimate child applies to Headquarters no one else mention whether the other team in the approval or not.
Article 66: Adoption holding judicial festive creates between two civilian links to paternity and filiation of illegitimate.
Article 67 does not allow adoptive except for reasons of propriety and aware of the interest is adopted, after the confirmation of good karma adopter, taking into account the provisions of the following materials:
Article 68: All secular person, man or woman, exceeded forty-year-old can be adopted provided that the eighteen-year-old than someone who wanted to be adopted, under penalty of nullity.
Article 69: Catholic sponsors must be a Catholic, what ecclesiastical authority did not agree to be a Christian believer adopter of a non-Catholic Eastern Churches. But that does not inevitably entail Unit weather.
Article 70: No person may be adopted by more than one, unless adopted by the couple.
Article 71 to any couple does not have the right to adopt or adopt only with the consent of the other. With the exception of the case of permanent abandonment, or the presence of one of them in the case where it is impossible to show the public, but must be in the latter case, the approval of the bishop.
Article 72: No right of adoption only by a decision of the ecclesiastical court believe him bishop of the diocese.
Article 73-1: In order for the health of the adoption of the minor consent if a distinctive and consent of the parents or the neighborhood or both of the minor is in custody if they were separate permanently abandon or invalidity of marriage.
2: If the both Mtovyin or impossible for them to express an opinion of who shall bishop of the diocese takes their place.
3: In every case those who are entitled to adopt a minor to ask the court, within a year of reaching the age of majority, the abolition of adoption and the court to respond to his request.
74: The void has no value:
A- adopting parents their children illegitimate.
(B) the adoption of the guardian who is under his tenure, and the trustee who is under his tutelage, and the values of the funds under its management, what they and their money has not released a final accounting liberal and place them before the court.
Article 75 called on the adoptee Foster family name and become the rights and duties of the boy toward him on the legitimate rights of his father and duties towards him, taking into account the provisions of the following materials:
Article 76 remains an adopted member of the original family. He has had all the rights and duties of all towards him, that the rights of parental authority be limited to Foster as long as this alive and welcome her. But upon his death or the loss of eligibility goes back to the father of the adoptee or his representative.
Article 77: Parents or her own parents do not need to spend on an adopted son to another, unless the inability to obtain those adopted.
Article 78-1: If died adopter without branches or adoptee share of assets in his estate's share legitimate child, if any.
2: If the sponsors of the branches, assets or brothers or sisters Vmtbny half share of the legitimate child in his legacy.
Article 79-1: If the adoptee died without legitimate branches, all of which will remain reached adopter is given to him or his heirs. The other funds are distributed to the rightful heirs and by virtue of the public-Shara.
2: the right of an adopted at the legacy of the adopter moves to its branches only confined to the personal estate of the adopter, not adopted nor its affiliates have no right to the legacy of my father adopter or his relatives.
Article 80: the right arising from the adoption nearly legitimacy prevents marriages between:
A- adopter and adoptee and its branches.
B adoptee and adoptive children who were born after the adoption.
C adoptee and adopter spouse and vice versa between the adopter and the adoptee consort.
D adopted children for one person.
Article 81: Court to determine valid adoptions are initially dwelling adopter court. But if the adoptee is a minor Vlmgmh home also have the right to do so. In each case the court before issuing its decision to listen to the Undersecretary of Justice and domesticated in the opinion of the parents of the adopted if it was great.
Article 82-1: adoption may be revoked for serious reasons and with a judicial decision issued by the court after hearing the agent of justice.
2: repeal judgment of adoption is subject to appeal in any case.
Article 83 are considered serious reasons permit revoked adoptions abuse adopter to the adoptee serious harm, or vice versa - to inflict damage to each other moral or material prohibitive - the behavior of one outrageous behavior or leave the Catholic doctrine and the like.
Article 84: the right to establish invalidate adoptions initially confined to a lawsuit, and Palmtbny adopter exclusive prerogative, but if it is satisfied Undersecretary of Justice that the bossy one over the other to the point of harming him or his family and that prevents him from using his freedom morally right to him that is also hosted.
Article 85-1: Governance invalidate adoptions removes all the consequent effects as of the effective date.
2: in the event of approval of adoption and neutralize the court must Report them to those needed to become his registration as well as being adopted in baptism records in civil records.
Article 86: Ecclesiastical courts shall rule on the validity or invalidity of adoption, according to the articles of this law.
In parental authority
Guarding the boys until they reach adulthood
Article 87: parental authority or paternalistic state is the sum of the rights of parents to their children and their duties towards them, in psychology and money, to be aware of the age of majority, whether these boys from a legal marriage, or adoption of properly.
Article 88: If an imbecile or insane boy continued under parental authority, in the self and in the money, and when he reached a reasonable person then dementia or Jen returned the mandate of his father's court ruling reached.
Article 89: When he married the minor is freed from parental authority, but if the corrupt bad measure opinion of the Court is entitled to limit his actions and to keep him in respect of contracts and obligations under the parental authority.
Article 90: The most important rights and duties of parental authority is:
A nurse boys.
(B) provide for them and save them when their parents and claim them.
C religious upbringing and moral education and physical and a civil case by their ilk.
D disciplined and punished when necessary but gently and without harm.
E approval or lack thereof on the state of their choice to live (to marry or class or monastic life) and the selection of the profession, including their interests without coercion nor prevent Keefe.
F benefit by using them for the benefit of the family.
G management and use of their money and their property and use for the benefit of the family, unless the money and property given to them for certain purposes or conditions incompatible with this right was given to them to quote a particular profession or to be delivered to them when they reach adulthood with the benefits and profits. In any case, should be appointed to maintain the small money and pay the consequences of their debts and taxes and benefits.
H prosecutors them and represent them in contracts and transactions at the courts in accordance with the provisions of Article 1136 of the Eastern Churches and the laws of 1478 from a statutory right (west).
I Mukhtar guardian appointed for them.
Article 91: breastfeeding regard to the mother. As for the rest of the rights and duties of parental authority Vmahsourh father initially, but transferred to the mother when the fall of the right or be deprived of them, provided that the mother is Welcome to the latch Court of eligibility and give notification that the transfer of this authority to them.
Article 92: The duration of breastfeeding two years.
Article 93-1 shall be exempted from the mother breast-feeding if they are in physical or mental condition does not enable them to do so.
2: preventing mother-of-custody children:
A. If the defiantly disobedient or bad behavior as long as this case.
(B) if it is able to raise the boy and maintenance.
(C) whether it has caused them to overturn the guilt shared marital dignified living.
(D) If Mrguet of the Christian religion or the Catholic doctrine changed.
(E) If after the dissolution of a marriage or the death of my father held a small new marriages
3: In every case the court may take any measure it sees as little interest, even if contrary to the stated in the previous paragraph, that always included Catholic upbringing.
Article 94-1: Instead of feeding is required if a little private capital.
2: Instead of guarding the boy is always on the pair as long as the list of married life. Upon revocation For the cause of the couple so guilty, so this was not poor, Vttojb then the rich of them with the right of recourse by the comet when soft.
Article 95: If the mother is the guardian of the child separated from his father, it is not for her to travel with his father from a country to another country without the father's permission. As well as not for a father to the boy out of the country without his mother's consent, as long as his guardian, unless the court decides otherwise in the case.
96: The right of the father in the parental authority:
A- if he was guilty of the offense of blood mixing (adultery Alaqraba), or hate his daughters into prostitution, or exhorted his children to commit indecency.
(B) If sentenced because of impelling minors on indecency.
(C) If sentenced to pray as an actor or as a partner or sub Kmtdechl of a felony and one misdemeanor once or twice occurred on one or more of his children.
(D) If sentenced as an accomplice or accessory, a subsidiary of a felony for once or twice a misdemeanor committed by one or more of his children.
(E) whether it has stone him.
(F) if the broth from the Christian religion or the Catholic doctrine.
Article 97: Can the father of parental authority deprivation:
A. If sentenced to hard labor.
(B) If he was neglecting the boys and displacement.
(C) If a corrupt morals bad biography or addicted to alcohol or drugs.
D if neglected his children and especially the Catholic religious education.
E if he treated his children harsh treatment lead to ill-health and the corruption of morals.
F If Sviha and wasteful.
G if revealed to him by virtue of the rule of ecclesial advertiser or a court order.
(H) if it has caused the invalidity of the marriage or to veto common sumptuous guilty.
Article 98: The Fall of the right to parental authority, or the denial of which does not affect the reciprocal rights and duties between the branches and assets in respect of sustenance and maintenance.
Article 99-1: If the father is the guardian of his children hath funds management and disposition of the interest of the minor.
2: that if he was afraid because of the behavior of dispelling his children money, the Court may limit the authority to dispose of those funds, by virtue of the issue at the request of stakeholders and announce the assessments for the publication of judicial declarations of newspapers and recorded in the directives record.
Article 100-1: If the father of the boy he sold something immovable property or immovable or bought him a thing or pay a bit of money or the value of such injustice Besser true contract and is not to be undone was born after the perception.
2: if sold or bought or pay something Bbgen obscene established court trustee asked to temporarily revoke the contract does not depend on the revocation of leave after reaching adulthood.
3: If the boy knew of majority before spending the right of the lease term, does not have undone unless the self.
Article 101: Do not permissible for a father to buy his son's wealth for himself or to sell his property to his son and held his money from his son or mortgaging his son's wealth of itself does not lend money generated and borrowed but the court authorize and establish a trustee to temporarily perform the contract.
Article 102: What may be the father of behaviors strongly parental authority of the mother may also transfer this authority when it, and fall right where the father or authorize the deprivation of which drops the right of the mother and also allows for the denial of them.
Article 103-1: Every relative of a minor, but also the agent of justice, the right to bring an action deprived of parental authority.
2: the right to a court in the course of seeing this lawsuit to temporarily decide on the conservation and upbringing of children everything you see in their favor. The decisions of these accelerated implementation.
Article 104 of replacing the parent in parental authority must be exercised that authority under the supervision of the ecclesiastical court.
Article 105-1 No one shall be deprived of parental authority in the first four cases of Article 96 that calls for the restoration of this power before refund be considered in accordance with the assets specified in the Penal Code. In the fifth and sixth cases it may not be done only after the lifting of the interdiction or after his return to the Christian religion, Catholicism.
2: In the situations described in Article 97, he may request the restoration of parental authority after three years after the judgment.
3: In every case remains for the court, which ruled that deprivation of parental authority absolute right to have that authority or to refuse the request, according to the interest of the children and appropriate.
Article 106: Who is entitled to under Article 103 to bring an action deprived of parental authority also has the right to intervene in the lawsuit restored in any degree of trial.
Article 107: Alimony is all that is needed to live a human existence worthy of his ilk by the case include: food, clothing and housing for all, and medication to the patient, and the service of the helpless, and the education and upbringing of the young.
Article 108 should be initially alimony for the wife to the husband and the exceptional way for the pair to Alzojh.oha due also to branches of the assets and the assets of the branches and in accordance with the provisions of this law.
Article 109: alimony obligation is to commit a personal and eyes together, so that if you neglected to do should it, for whatever reason, go to the private property.
Article 110: With the exception of the wife, not only for the expense of the needy. So it was a money or Ksoba Venafqath first in his wealth and his earnings.
Article 111-1: take into account the imposition of alimony and appreciation of the need to impose his stature and ability to impose it and knew the people of the country.
2: you can adjust the amount of alimony after the verdict, increase or decrease, depending on the prices change or alter the status of each of the imposed to him, therefore, easier or hardship.
Article 112 in the case of the imposition of spending on two or more, were in the similar case of the financial viability and kinship Bamufrodh him, shall be equal appreciation for them, but if they differed in kinship or estimated, fueling up on each case.
Article 113: If the alimony due to many but can not get them now from all of them for any reason, the Court may, if necessary, be imposed on those who may be taking possession of it that due to all of the others as he should.
Article 114: alimony claimed judicially can be judged from the date of the establishment of the lawsuit or six months earlier at the most if the cause of the claim date.
Article 115-1: If you can not get alimony who ruled out, due to absence or other reason, the court may authorize those who imposed him be met by the convicted money it beneath his hands or the hands of a third party or Bastdantha his name and transfer it on him .
2: In the latter case the creditor is entitled to return lent including the convicted person directly or on the same debtor.
3: This would be an excellent religion and does not fall over the short time provided for in Article 119, but the passage of time stipulated in the Civil Code.
Article 116-1: alimony may be charged in cash or in kind, monthly or annually if the binding alimony can not be performed and was willing to accommodate the obliged to spend at home and be treated as one of the members of his family, the court may respond to his request. If alimony owed rejected this offer, right in the court may assess all the circumstances and rule on any fairer.
Article 117 judgments and decisions to impose alimony can accelerate implementation, despite the objection or appeal in accordance with the provisions of the law in 1163 from the Group of Eastern churches laws.
Article 118 does not become our only alimony elimination or by mutual consent of the couple on a certain thing.
Article 119: alimony is excellent on the rest of the debt, but falls over three years, the right to claim the amounts adjudged as an expense and that the owners did not ask enforce the sentence imposed.
Article 120-1: alimony suit initially held in front of the defendant's place of court, but may also be brought before the tabernacle Prosecutor court if the defendant is resident outside the country, or it comes to alimony wife or boys who guarded.
2: Where there are several provisions alimony The priority for the expense of the couples, then the expense of boys, then the expense of the parents, the concerned parties agree otherwise or the court control in order of preference, as you see.
In alimony between spouses
Article 121-1: answer alimony to the wife of the husband while holding the right to marry, whether rich or poor, a resident with him or separate him any reason not to blame her in it.
2: It is due also, without providing warranty or obligation to make restitution, in the course of a lawsuit abandonment and annulment proceedings, to prove they are guilty by virtue of segmental or that marriage void.
Article 122: the husband may initiate spending himself on his wife and family event that the common life. But if you complained, overlooking, Tguetarh and proven, the estimated expense and recognizes the need for the spending.
Article 123-1: poor wife does not fall expense for the pair, and while he is poor or sick or in prison, but we have to keep it soft.
2: but not the expense of the wealthy wife of the husband insolvent unable to gain, rather it is due to the expense, it is to come out of his condition.
Article 124: If the court imposed alimony or become reconciled couple on a particular thing, Vllzojh If you know or dim the absence of her husband to take it down a guarantor algebraically ensures her alimony as far as how long you can pair Igbha.
Article 125-1: answer housing for women on her husband in the house on the unit that they were wealthy, otherwise he repopulated in the house of the House on the severity of its legitimacy and has the facilities, according to neighbors if the couple.
2: If you put her in a house on the severity of the house where one of his relatives, she has no other request dwelling unless they are actually in word or who mistreat her.
Article 126-1: Do not force the wife to housing one of the people with her husband only his children than others.
2: and do not have to live with them in the house of the husband of one of her family is not satisfied with only the small of her son. Unless the court considers the case otherwise for reasons of propriety.
Article 127-1: disobedient wife is not the expense of her though her expense imposed frozen Bnhozha also fall.
2: women are regarded as defiantly disobedient if left her husband's house, or has been in her home and prevented her from entering it, or refused to travel with him to the new place of residence, without a legitimate reason.
3: Back woman for disobedience that restores the right to alimony from the day of return, but it does not repeat what fell from the frozen expense before that date.
Article 128-1: No alimony for the wife sentenced to tail permanent or temporary abandonment for desertion Time.
2: But all the abandonment of another does not have the guilt of whether a requested is the mother of the pair does not fall right to alimony.
Article 129-1: In exceptional cases can be judged disobedient and abandoned guilty alimony to her husband estimated at what caused the pair from damage due to the absence from the marital home.
2: do not impose alimony unless the wife affluent or capable of what is wrong with dirt or make.
3: This is the alimony like other financial Liabilities hunting legal means normal but is not considered a religion described Iqass imprisonment if the debtor has not paid.
Article 130: If it is proven insolvency of the husband and his inability to do his wife's alimony without the guilt of it, alimony imposed on her by obliged to expense of its assets or its affiliates in the absence of the husband. Though her young boys imposes expense on the answer from him in the absence of the father.
Article 131: alimony drop the death of a spouse, unless the court order Astdant endures then in any case, and we have an excellent ensue in the legacy of his sentence.
Article 132: do not recover alimony paid to the wife accelerated.
Article 133: sanitization of alimony before they are imposed, eliminate or satisfaction, vanity. After imposing true for alimony frigid and expense of any future income for the first of whether months or years.
- Sanitization of lifetime alimony is not valid unless the court concluded.
In alimony between assets and branches
Article 134-1: obliged to spend all kinds on the father to his son little poor, male or female to male to reach the end gain, and accessible to him, and marries a female.
2: but these do not include alimony child marriages expense and open houses to them or establish a trade or industry.
Article 135: answer the expense of the father and son, the great poor is feasible to his gain, and the expense of the big daughter who is poor, whether unmarried or married Bmadm incapable of earning and spending time.
Article 136: If the father was insolvent nor his time by preventing him from earning not fall out with him and his son's expense just to insolvency, but are forced to earn a living and spending it as enough.
Article 137-1: the affluent mother should be spending generated by the case of indigestion or abandoning his father do Bnafqath any reason other than failure to gain for his time.
2: But if they are insolvent it will move this duty to the nearest Baloqrb of its assets, taking into account the ease and hardship that is committed Bnafqath equal degree of kinship First: Original cast him father and mother originally cast to it.
3: The near-spending in this case we have a Father insolvent or neglected by ascribing it either spent or either very or others.
Article 138-1: If the father died for the poor young boys without leaving them with money to live it. Or if the poor unable to earn a living for his time doing, Vttertb boy expense first: the mother affluent, affluent and assets, and is required by the next closest initially closest to him, and when equal degree of kinship are likely closer to the father's side closest to the mother's side.
2: spent on a child under the preceding paragraph, whatever was not right for him to return on a what was spent.
Article 139: If the mother complained of the lack of a father spending or Tguetarh the boy, impose a court ordered alimony and giving it to his mother to spend it.
Article 140: alimony ruling on the small of his father is the rule of alimony to her husband, in the fall and whether or not after the imposition.
Article 141: do not fall accumulated amount of alimony estimated eliminate or satisfaction for the children, the death of a parent.
Article 142: Should the boy solvent, big or small, male or female, the expense of his parents and grandparents and Jaddath poor.
Article 143: Women insolvent married my father without the boy expense on her husband not to her son, but if her husband is insolvent or absent and her son from the other solvent, ordered to spend and have him be ascribing to her husband if he left or attended.
Article 144: Do not answer the impoverished son expense of his father's poor unless the Ksoba son and father unable to gain, and the mother in need is like helpless father for gain, though the son of a poor Eyal featuring his parents in need of his family and spent on all by case not be forced to give them something separately.
Article 145: not a lesson for the legacy of the Obligation of spending of the branches of the assets but are considered partial and kinship provide the closest next closest, taking into account the hardship and ease.
In compensation when the nullity of the marriage and its dissolution
Article 146: the cause of the occurrence of the couple void or capable of dissolution of marriage, it must compensate the other of the damage inflicted as a result.
Article 147: compensation to be by virtue of the previous article can be done either corrects the marriage if possible without prejudice Balbre and is pleased with the cramped and impoverished and either Ptodath amount of money commensurate with what inflicts nullity of losses.
Article 148: In the event of a void marriage without the guilt of a spouse, it is forbidden to be corrected without reasonable cause counting causing annulment and he shall compensation.
Article 149: When assessing compensation must be considered material and moral damages and to serve men and women and if both of them.
Article 150-1: each person, a stranger or a relative, takes the place of a parent to exercise parental authority, in whole or in part, for his young children, after his death, called a trustee.
2: If the guardian of a parent remaining alive, he may on orphan minor All power to the rights of parenthood and by all its obligations, although it is the father hath these rights except the right to benefit from the use of a minor and Bomlake for himself, and it all duties except the duty of spending on the minor from his money personal, in accordance with articles 87 and 90, that this power is exercised under the supervision of the ecclesiastical court.
Article 151: the guardian of three:
A guardian appointed by a selected one of the parents if his life in his will.
B algebraic guardian or parent, one parent Survivor, then the correct any grandfather Abu father. But the mother is required to be held no new marriages.
C guardian Mansob which is held by the court.
Article 152: In each of the guardian to be a Christian, a Catholic significant sane Mighty honest good manners and behave in possession of all civil rights, not a collision between his interests and the interests of the minor, and if it is a parent, to be completed thirty years of age year. In exceptional cases, it may accept non-Catholic, provided that the court be satisfied by taking full precautions to maintain the Catholic upbringing of a minor and etiquette and money.
Article 153-1: the chosen guardian provides on forced labor and forced on and without any hesitation. But there is no truth to the actions of any guardian, but if his hand informing the court to announce the receipt of custody of the minor.
2: The court shall not be issued until after the media to prove her eligibility of the trustee under the conditions mentioned in the previous article.
Article 154: The court may appoint a supervisor on any guardian and replaced by his inability to prove and isolated from proving his betrayal.
Article 155: on the court, when the appointment of a guardian and without any hesitation, that prefer a near stranger, and near the father's side on the near side of the mother, unless the interests of the minor require otherwise.
Article 156: the chosen guardian, who accepted the trusteeship in the life of the testator, to Zmth, not him out of it after the death of the testator only positive reasons approved by the Court.
Article 157: If the deceased has resided and Saan Before one guardianship and rejected the other court may include the other.
Article 158: The guardian generally means that a person of a minor and his representative in all matters which may be the prosecution and that the cares of masterminding the affairs and management of its assets and their development as acting head of the household mastermind Hakim affairs of his family and his children. He is responsible for all damage happening to the neglect of a minor and misconduct.
Article 159-1: The guardian to care about being an official copy of the deceased's estate edit a statement that stands on a minor share of the estate and received.
2: If he has not been liberalized to the legacy, he should receive the respect of the minor of the fixed and movable under the list appended his signature and the signature of the parish priest and at least two of the relatives of the minor adenine ratified by the court, and keep a copy of this regulation in the court treasury.
3: do not fare guardian unless the request on appointment estimated taking into account the conditions and business.
Article 160: guardian to act in all movables minor, although not a minor need its price, that the court asked permission to do so.
Article 161: Not for sale fixed guardian of a minor money, but do not leave the court granted only after verification of one of the following credentials:
Shall be sold at the best of the minor that sold more than one rather like it.
Shall be the religion of the deceased can not Aavaah only for it.
(C) to be in the legacy and testament incorrect and offers them and no money for the force which is sold as much as necessary to carry out the commandment.
D be a minor need for the expense and has no money or offers.
E that expenses be and the consequent princely funds exceeding Glath.
F be a real estate agent to ruin and not for minor able to repair money.
be possible to buy a property Ofer Butmenh a rent.
Article 162: the guardian of the right to request the appointment of values to manage the minor's funds, where the law of the country requests it.
Article 163: The guardian to submit at the end of each year account to the court an income of a minor and narrated, and if there are values with him appointed competent to manage the funds the court of a minor, he should ask accounting that values each year and offers annual general account for the minor money management. And if he refuses to count after being warned remiss and isolate.
Article 164: The guardian also corresponds to the values of work, and asking him if he found the money needed for living and upbringing of a minor. If the values are remiss in his duties, which are similar in the money with the duties of the trustee, it may refer the matter to the Court of ecclesiastical courts and other competent as well.
Article 165-1 is not permissible for the guardian to sell his property for the minor nor money to buy the minor himself or to sell to one of his ascendants, descendants or siblings of the minor money.
2: does not it also may be the fulfillment of his religion from the minor does not lend nor borrow nor mortgaging his property when the minor is not mortgaging his money.
Article 166: If the deceased has resided and Saan or appointed by the court not to be alone with one of them to act only in the following cases:
A- Dead processing.
B rivalry for little.
C debt claim not taking possession of it.
(D) the fulfillment of what it fixed by virtue of the debt or official support.
E implement certain commandment given to the poor.
F buy as inevitable for a fraction of the needs.
G accept the donation.
H responded bare and fixed deposits.
Article 167-1: Not for a guardian to exonerate Dead Grimm of religion nor that degrades him anything without the permission of the court.
2: But, with the consent of the Court, that reconciles all dead religion and the religion of the orphan if it is not aware of the two rivals was an evil, and the claimed right to them if this is the right instrument constant official or by a judicial ruling.
Article 168: No true religion or guardian approve or appointed guardians of the dead. If you have spent on the Dead learned with no evidence of a formal instrument or without judgment or without ratification adult heirs with respect to their share he warranty.
Article 169 is not permissible for the guardian that owes something to the minor's name not to buy him something more than $ amount specified in the notification of his appointment but leave the court.
Article 170-1: fall guardianship for the little he reaches adulthood.
2: When an adult he may become a little guardian accounting and trustee compelled to detail and if the payment of the expense claims he has evidence if this were not alimony may be authorized by the court or Hacpt her guardian.
Article 171: The guardian to deliver the recommended him, during the month of attainable, movable and fixed by a regulation he took her books and accounts under the supervision of the court or an alternate them.
Article 172: If the guardian died Mjhla recommended by security means money in his estate and met in kind if found or where we have an excellent if the consumer before the distribution of the estate.
In inheritances and bequests
Article 173: legacy are all human successor after his death from a fixed and movable and rights to him or it.
Article 174: The Legacy is the right of everyone to the legacy of another ex-Shara, and the owner of this right is called the heir.
Article 175: inheritance is the right of the owner to devolve his estate after his death, all or some of them, by virtue of Msthakha Shara.
176: three terms of inheritance:
A death GENE fact or judgment.
(B) the existence and reality of his legacy when he died or recognition.
C flag region of his legacy.
Article 177: Causes of Merit in three legacy
B legitimate lineage, which acknowledged its legitimacy.
(C) the right of adoption.
Article 178: contraindications inheritance two:
A- killed the testator.
(B) a different religion.
Article 179: It starts from the estate of the deceased buried processing, and distribution of favors to pray for himself without extravagance or miserliness, and then eliminate its debt and implement the correct commands and then divides the rest among his heirs.
In the division of inheritance and the order of succession categories and the share of each of them:
Article 180-1: secular legacies of our Catholic communities distributed among the heirs in accordance with the following provisions:
If someone died, the legacy of the fixed and movable transferred to his heirs according to the following categories:
1- heirs of the first category:
A. They are branches of the deceased means that his children and grandchildren and the right to move back in this class in the first place for boys and after the grandchildren who are replacing them, and to the descendants of the boys.
B each branch will be alive when the death of the deceased fall right to move the caller whereby the deceased.
C branch who dies before the deceased is his place any branches they were taking a share that would have passed him.
(D) if the deceased has multiple children all died in the previous share of each and every one of them moves to related sections whereby the deceased.
(E) If some of the boys died without a branch Vinhsr right to move the remaining boys or Pferuahm.
F is a male and female of the children and grandchildren of their shares equal in inheritance.
2- heirs of the second category:
A. The inheritance of second-degree holders are the parents of the deceased.
B. If both are alive, they move undercutting right to equality.
(C) If a parent died earlier, the right of inheritance bestowed confined the rest of them alive, the father or the mother.
3- heirs of the third category:
A. grandfathers and grandmothers of the deceased.
(B) if the grandparents on the father and mother are all alive, they obtain the right of the estate equally.
(C) If a grandparent father or mother has died, the right of inheritance bestowed confined the rest of them alive. In the case of the death of the father or grandparent grandparents, the mother and their shares are distributed to their branches in accordance with the foregoing provisions.
(D) If not alive grandfathers and grandmothers on the father or mother or one of their branches are distributed on the legacy of it exists on the other side of the grandparents or their branches under the system established in this law provisions.
4- specified in previous articles categories does not impair the right of inheritance behind them when there is top class. That if the deceased sons and grandsons and his father and his mother, or one of them alive, one-sixth share of the parents separately or jointly.
5- couples in inheritance:
A. If the husband or wife of the deceased's share of the estate is the quarter when there are heirs of the owners of the transition from the first category.
And (b) be half its stake when there are heirs of the owners of second-tier or third.
(C) If there is not one of the heirs of the first or second category and one of the grandparents or their branches are undermined by the husband or wife the right to move confined.
(D) If the couple died did not know whichever died first no entitlement to one in the other legacy of whether their deaths in a single incident or not.
6- in the absence of the heirs of the deceased from all categories, the legacy construed as a whole to stop the sect to which he belongs.
7. In the event of the death of one spouse to the other and survive the marital home, do not let him freed only after the death of a spouse surviving unless it decides to give it up.
Article 181: the ecclesiastical courts only rule on the validity of the reasons for inheritance mentioned in Article 177 or to be incorrect, according to the law of your community.
Article 182: The permanent abandonment as a result of adultery While it is not Elaca marital cramp, then it comes to inheritance for the guilty, after it has become a court case, the rule of nullity of marriage or dissolution.
In the liberation of inheritance in the event of a minor are not among the heirs
Article 183: Where specialized courts edit legacies church this right back to the court, which is located last residence of the gene within their jurisdiction, wherever they are legacy funds.
Article 184: is released under the legacy Minutes organized soon after death, a representative of the court and a relative adenine in conjunction with the Mukhtar.
Article 185: Court delegate edit legacies is the parish priest of last residence of the gene, or any other delegate appointed by the Judicial Attorney.
Article 186: If may appoint a guardian for the minor when editing the legacy he has to attend to take place.
Article 187: If you can not edit legacy soon after death and what he was afraid to lose it and tinker with, in a shop or in the coffers of the gene, for example, has the right to delegate the court to order them to put seals inventory time.
Article 188: regulates the record mentioned in Article 184 in two copies, one to raise the ecclesiastical court and the second to the Attorney General's Episcopal or Patriarchal Vicar year after Aoukahma editors estate.
Article 189: After the completion of the inventory of the estate Vleslmha editors under the record mentioned in the previous article to a large heirs, or the guardian of a minor, if any, and to raise with the inventory Minutes report to the court displaying the what Ertoon of measures to maintain the minor money.
At the behest
Article 190: the commandment of ownership or disposal of added until after death, by way of donation.
191: required to probate:
(A) the fact that a reasonable person chosen guardian Welcome to donate.
(B) the fact that the recommended viable ownership.
Article 192-1: valid wills between secularists by half a legacy for an heir, or is the heir.
2- If the testator Bossath acted contrary to the provisions of the preceding paragraph is not his will void but is subject to more than half of the estate to the heirs leave as a donation.
3- If there are more of these commandments will be implemented only up to half of the estate unless Adzha heirs.
Article 193: In the commandments of secular seminarians, monks and nuns Fleuraa as much as possible to be part of the work of righteousness. But every commandment written and placed Aklerreqi of any grade or rank was, or a monk or nun proved correct attributed to him and that he be placed freely and by choice, are considered valid in terms of form.
194 - 1: Per secular of any grade or rank Aklerreqi, each monk and nun to recommend all the possessions of the movable and fixed whom He appointed heir was or is the inheritor, taking into account the provisions of Articles 205 and 207, paragraph 3, and 208 and 209 etc. ...
2: it shall be valid wills if they are written testator line or work in front of the testator by an agent Patriarchate or the Diocese or the President the local canon and signed by the testator and witnesses and recorded in the Patriarchate spatial record or the Diocese and signed by the local Canon president in the history of its organization.
3: If the record of the testator immediately asked him a verbal official contract registered in the Patriarchal Diocese record or communication should be his signature and signed by the agent or the Patriarchate and the Diocese of two witnesses and seal the Patriarchate or the Diocese.
4: may also edit the commandment of the confidentiality of the testator handwriting, and put it in a sealed envelope, seal recommended on the face and seal the patriarchate or archdiocese and signing agent with them and two witnesses, and works so minutes of the Patriarchate record or the Diocese and is filed circumstance in the closet patriarchate or archdiocese under Minutes frees in this regard . Or register in the private Patriarchate secret record or the Diocese.
5: witnesses required in the commandment to be sensible have reached eighteen years of age and not be the beneficiaries of the estate under the will.
6: does not consider the commandment laid episcopally valid unless ratified by the competent ecclesiastical court or by the head of the diocese Top The certificate issued by the ecclesiastical court to ratify the commandment evidence conclusive that the commandment is correct in terms of form and eligibility of the testator to put it and that testator was not affected when placed make a mistake or fraud or undue influence is that the ratification of the ecclesiastical court to the commandment does not make any conduct contained in contravention of the law right.
Article 195: true ratify the commandments of the laity of the Bishop of range of the testator or of the general deputy or ecclesiastical court for that denomination or of another priest delegate bishop or ecclesiastical court for this purpose have, to be ratified in accordance with the provisions of Article 194 of this law.
Article 196: Whoever authorized the natural right and the right canon discretion to leave his money to him that cash to work either land a contract done in life or a bequest.
Article 197: When one is intended to establish a will for the benefit of the church must abide by the provisions of the civil-Shara, if possible. If these provisions are neglected Vlionnbh heirs they are obligated to binding heavy Btaatmam the will of the testator.
Article 198: the right of him to recommend his money, also has the right to amend his will or be varied as willing, that according to the procedure is done when they are registered under the provisions of Article 194 of this law.
Article 199: Wills are not implemented only after the ecclesiastical courts decide validity and ordered its implementation and had to have an outlet if it considers it positive.
Article 200-1: Local presidents are implementing these churchmen each charitable bequests, and strongly this right, they can, but they must Asohroa on the implementation of these commandments. And on implementing other Commissioners to perform them account for this mission.
2: contrary to all the right condition presidents mentioned this is added to the final Commandments considered void has no value.
Article 201: must be implemented utmost precision believers who will recommend their money to charity, even from the point of the management of these funds and the way how disbursed.
Legacies in the clergy, monks and nuns
Article 202: All about the legacy and inheritance of the clergy, monks and nuns is the prerogative of the ecclesiastical courts.
Article 203-1: announces the death of the clergy, monks and nuns and determine how to distribute Trkathm issued by virtue of the ecclesiastical court.
2: requires inevitably to the health of this provision intervention agent of justice and his involvement in the case.
Article 204-1: issue a declaration of death at the request of any of the people was.
2: The referee is not how the distribution of estates so they can be to him only at the request of Justice agent or owner relationship legacy.
Article 205-1: Alaclerikjon secularists, of any degree in any function they are, their judgment in terms of the legacy of the civil and inheritance in what is their own private judgment of ordinary commoners taking into account the provisions of the following paragraph:
2: apply to the distribution of the byproducts of seminarians rear base, so that if these seminarians asset or a dead branch before them Valsham which was well the the legacy passed on to his descendants, if his offspring upon the death of Seminary, and distributes them according to the provisions of this Act as if Her father is the original gene.
3: The churches and endowments, associations and fraternities, schools, parishes and Karaseha .. that are under their management or in their custody funds, remain of their respective owners and not for them, even if they are registered in their names, to recommend her for one, not to their heirs any right to it at all, whether a existed when they enter it, or increased theirs or are they created Bsaihm good their management in the course of their mandate.
206: is a privately owned Balaklerreqi:
A- everything owned by the ordination and moves him a legacy and what it gets any secular Calebh, wills, education and reason for authoring and the like.
(B) that are given to certain pension to meet pastoral service and sales functions performed by the incomes and well-Btrchilh Kdadesh.
Article 207-1: monk, man or woman, do not lose the establishment Vows Minor (Statistics) ownership of the funds nor the capacity to own others, was both a Vows these temporary or eternal. And the right to these funds, the preaching and the secular right heriditary power transition Seminary in money, unless the bridge in Rhpanih laws otherwise.
2: But all of the earnings of the monk by seeking private or as a monk for he acquired the Order, not to dispose of it with something not done in life to hold no commandment is not transmitted to his heirs after him. It is estimated that all the acquired monk had acquired as a monk, unless the contrary has not been proven legitimate.
Article 208: The monk, man or woman, to lose after the establishment of the Great Vows (ceremonial), have the capacity to own property and personal ownership. However Alanaamat own safety granted by the Holy See, all you reply to him of the money in any way it is not true accomplishment in life is not held and will not bequeath it to be the property of the monastery or the Order, or to the county, according to the laws of the monastic.
Article 209-1: monk who did not receive Rhpanih legacy from the estate of his parents or his relatives in his life, lose the right to claim him after his death.
2: But if they have begun to demand prosecution of this inheritance before the death of the monk has the right to follow.
210: Who was a monk and was promoted to the shrine of the Patriarchate or Alkrdenalah or Episcopalian or to any other place of outside Rhpanih:
A. If the property has been the establishment of a civil vows, money that are given to him by the right to use and benefit administration, and shall be appointed by the Patriarchate or the diocese or Aksrjosh over which he presides, if a Diocese or Aksrjosh. And the distribution of his estate under the denomination of each Shara take his place if only honorary, and this is with the safety of the cardinals of the Holy Church of Romania privileges.
B albeit not lost Vows to establish ownership of the money, Vistaid the right to use what was his money and use with management. And reply to him in person later becomes the property purely for him.
C. In both cases, all you reply to him, otherwise described as personal, he must act according to the will of its sponsors.
Article 211: Every conflict as to whether a particular property in the legacy Aklerreqi or monk is his personal or king of the body that was run by separating the ecclesiastical courts under procedures established by Shara ecclesiastical authority rules.
Article 212: Who died of jobs ecclesiastical owners of income, without a will or without designate in writing what is personal kingdom and what is the king of the job, it is estimated that all his money and possessions are for the job, or it was given to him in terms of function the contrary has not been proven legitimate.
Article 213: All Aklerreqi, or a monk or nun who is entitled to recommending and inheritance died legacy, without a will and heir, devolve his estate to the legal person canon who was the deceased mastermind him or have a job in which, or a member of its members.
Chapter atheist ten
Time in church funds
To the right of the church to own
Article 214-1: the Catholic Church and the Holy See is a natural right, absolutely independent to own time and money management, begged to own purpose.
2: enjoy this right also patriarchates and Almitropolitiat and dioceses and religious orders and other legal persons enjoying legal personality, whether by virtue of Shara himself or by a decree issued by President canon specialist.
Article 215: the Church as well as the independent right of any other authority, to impose on their children and meet them what is necessary to do the divine service and support seminarians and other servants of the church to support decent and realize other goals.
Article 216: the right for the Church and legal persons in which to own time money all legitimate ways in which it acquires other people, both of these methods was a natural right or from right to positive.
Article 217: In the case of the demise of the legal person become the property of his money to the legal person canon who inherit directly, always taking into account the will of the founders or benefactors, and acquired rights and special laws that was the legal person shall be subject to them.
Article 218: Christians must do to perform the duty of tithing and Albwakir according to the canons of all weather, anywhere and Aadathma legitimate.
Article 219: The Church, accept the passage of time as a way to have the clearance in church funds, taking into account the provisions of these laws, as in the civil legislation of each nation, in accordance to the following:
A. If the subject of the passage of time have immovable property or any right to immovable property, shall be applied by the law of the place in which these funds.
B judge the passage of time in the material contracts and according to the law chosen by the contractors, and if they have several common canons, is being governance, according to the origins of the civil right Almrei procedure in place where the contract.
(C) in each pass another time must abide by the law of the time it was passed against him.
Article 220: Hard money, and movable valuables and personal rights and in-kind shares, if they belong to the Holy See shall judge the passage of time by a hundred years, though the Patriarchate must therefore fifty years, and was owned by a legal person church last shall apply the provisions of the passage of time After a lapse of thirty years.
Article 221: no value for any passage of time, but if you focus on the good will, not only in the start of tenure. But in all his time too.
Article 222-1: LV name called, in a broad sense, for all ongoing charities and funds the time the king of legal persons affiliates, whether this was a physical, the fixed and movable or intangible benefits of financial, human and the like.
2: The sense is exclusive Valoagaf solitary eye for comfortable having one of the subjects and charity benefit beginning and the end, or just the end, a three types:
A religious halt a moratorium, which devoted its utility since its inception to worship God and help Khaddam altars or to do any other religious work.
B stop Khairy, who stood on the good views since its inception Kaloagaf on hospitals and shelters, schools and the poor in particular, or peek.
C halt a nuclear moratorium, which stood on the same standing and his descendants, or to those who wanted to benefit them people then make doomed to extinction after eligible to goodness and religion views.
Article 223: Endowment broad sense any charities and funds are subject to the time when the Church of the Eastern Catholic communities in the right to own, manage and contracts related to the laws from 1009 to 1052 of the Eastern Churches laws.
Article 224: LV sense the exclusive legal person, and when it was religious or charitable life sentence is out of print, and is subject to the provisions of its creation and governance to his health and replace it and turn it and its management of sectarian references.
Article 225: may moratorium on the Bible and the Holy See on the patriarchates and churches and dioceses and parishes and religious orders, charities, schools and monasteries and other legal persons in the church, both very religious or facet of the mainland.
Article 226: While the moratorium said output eye on the ownership of which was personal people, when the stay was the church or any legal person where, I mean in Shara canon, make this an eye on the King of the church or legal person endowed it.
In the establishment of the moratorium and governance toward their health standing
Article 227: Every human being, whatever his race or his condition, to establish a moratorium religious or cessation of charity, taking into account the provisions of the following articles:
Article 228-1: required in the standing to be eligible to donate any significant sane, free, the owner of the suspended appointed, not under interdiction spend all his money to dispose of foolishness or religion.
2- required in money detainee to be known as the moratorium and the property outright for Vagif is quarantined it does not depend on.
3- and required in the formula to be accomplishing is not commenting on the moratorium is not an object clause in the case nor plus beyond death nor temporary.
229: taking into account the previous article:
A- every condition required by standing without prejudice by virtue of the moratorium nor requires considerable corruption is permissible.
B each condition requires a disruption for the benefit of the moratorium or Tvoata in favor of the moratorium it is not significant.
C each condition or acted contrary to the provisions of the law void has no value.
Article 230: Lv added to after death and will not be purely a moratorium is not necessary before the death of the testator has irreversible as long as alive. But it needed after his death that he died, insisting it is implemented in what may be recommended by his estate.
Article 231: cessation of the competent ecclesiastical authority shall be established in the range suspended them. In this case, the certification record or instrument endowment with its ecclesiastical court place the moratorium or standing and prove the statements of the following acts:
A court name and status and the names of the governing body and Undersecretary of Justice and the clerk of the court and the date of the meeting.
B Stander name and surname and the name of his father and his community, nationality, age and place of residence, occupation and all that it can be defined.
C witnesses contract names and everything related to the definition of the relevant identity data.
D standing civil establishment of the moratorium, according to the provisions of Article 228, paragraph 1 and 2.
E endowment and what kind destination
(F) the terms of the moratorium, taking into account the provisions of Articles 228, paragraph 3 and 229.
G. Appointing incumbent on the endowment and define the powers and the consequent job, taking into account the provisions of the articles of this law.
H ecclesiastical court decision the validity of the moratorium and the need to implement it.
Article 232: After the issuance of the ecclesiastical court's decision to the validity of the moratorium and the need to ensure implementation of the moratorium unnecessary and the demise of the ownership of standing with him is not right for him to retract it.
Article 233: record certification cessation or coined literally in the following records:
(A) in the provisions of the ecclesiastical court, which was in front of her record.
(B) in the work of the Patriarchate diocese or legal person or the observed record moratorium on Mbrath.
(C) in the relevant government departments to make records of legal requirements relating to the placement and transfer of ownership in the real estate records.
Article 234: in a country that is not the validity of the references sectarian create endowments under domestic sectarian law, the church accepts endowments established before any competent authority pursuant to the laws of that country's civil. And then undergoing construction in terms of form, the formula prescribed in those laws.
In the Department of Awqaf
Article 235: The endowment management to maintain and exploit Oaaanh Mstglath and take care of his interests and the interests of the detainee and the implementation of the terms of the legitimate standing. And check-purpose mandate is the right decision legally endowed funds.
Article 236-1: Crown Top Endowments in the church as a whole is the Roman Pontiff.
2- Patriarch in each community is the public guardian to his community endowments and funds the church across the Patriarchate.
3- Bishop or local ecclesiastical President Lee is also in the endowments of his community and church funds within the boundaries of his diocese or the place of his tenure.
4- year in monastic president is the governor general on endowments Rhpanih, property and monasteries and funds.
5. practiced saints prosecutors of their powers under the provisions of Canon Law mentioned in Article 223.
Article 237-1: The public guardian that manages the endowment itself either directly or through an agent named agent moratorium.
2- agent on endowments Catholics must be locked Christian faithful clever, open an adult of good character and an expert in time management of funds.
Article 238: the guardian when the agent assigned to take into account that the latter possess the following qualities:
1- The agent should possess a virtuous qualities, and that it is reputable and above all suspicion.
2- him to exercise his religious duties on a regular basis, and be prepared to cooperate with the public guardian or designee Mnabh others and his colleagues.
3- it should be done voluntarily and play for free.
4- 75-year-old not exceed.
Appointment of agents and their dismissal and resignation
Article 239: appoint agents incumbent year moratorium for a limited period.
Article 240: the agents remain in their work, and after the appointment of new agents, at the expiration of the term of appointment for a month to enable them to provide the annual budget and delivery of the agency in a systematic manner, and in this period satisfied the conduct of regular familiar things.
Article 241: sack the incumbent general agents or a group of them, for serious reasons and after consultation of the necessary.
Article 242: The public Metwally to consider the resignation of one of the agents or a combination of them, for reasons of propriety, and after consulting the necessary.
Article 243: The number of agents varies depending on the endowment and its importance.
Article 244: When the resignation or dismissal of, or the death of one of the agents, for Metwally General to appoint a substitute for it if the need arises and the same way to complete the term.
Article 245: appoint agents appointed by decree of the year and incumbent on them to prepare to manage the work of the endowment wholeheartedly and as approved by the General incumbent.
Article 246: manages the affairs of the time agents endowment and care about the physical and administrative, maintain its needs.
Article 247: Atdarc agents with the public guardian conditions Endowment and the conduct of its affairs and take proper guidance from him.
Article 248 shall be elected agents among themselves a secretary shall have the following tasks:
Meeting records 1..
2- Remember incoming and outgoing correspondence.
3- storing documents in a private closet with inventory.
4- Follow-up regulation of leases, after consulting a lawyer, adopted and signed by the general values in the diocese and kept a copy of it to him.
5. Remember images of title deeds and agreements REITs in the public agency.
Article 249 shall be elected agents among themselves an accountant shall have the following tasks:
1- recording home and abroad (receipts and payments) and adjust the accounts in a special book (Ledger) and save it in the closet dedicated to it.
2- organize annual budget at the end of each year, placing them in the public values attached to some of the detailed statements and all clarifications requested by the public guardian or his authorized representative and that module to be considered and approved by asset (s 1031 item 1 of the Eastern Churches laws).
Article 250: elected agents among themselves treasurer shall have the following tasks:
1- maintaining a register of the Fund and registration inside and outside the (1028 BC item 2/6 of the Eastern Churches laws)
2- arrested imports and the payment of costs and expenses after audited by the certifying and delivery receipts to the accountant's assets.
3- to pay workers' salaries under the receipts signed by the paymaster and the recipient (s 1030/2 of the Eastern Churches laws)
4- retain an amount established by year incumbent and depositing the rest in the bank authorized.
5. collect the proceeds of endowments arrested under a bill is not entitled to the disbursement of funds without the consent of the certifying.
6- to the cashier should lead appropriate window guarantees civil Shara so as not to damage the halt in the event of his death or demise of his position.
Article 251: immediately after the decree of appointment, new agents and veterans invited to the meeting place of receipt and delivery operations.
Article 252: delivers the secretary all papers and documents and inventory to the Secretary of the new password to sign a receipt. (S 1025/2 of the Eastern Churches laws)
Article 253: Each agent must stop the show in the job of interest shown by the head of the family. (S 1028 item 1 of the Eastern Churches laws)
Article 254: the agents must abide by the provisions of the legal right of civil and Shara, as well as what is required by the competent ecclesiastical authority, and that Ihtersoa in particular that caused damage halt as a result of non-compliance with civil Sharia. (S 1028 item 2/2 of the Eastern Churches laws)
255: the agents need to bring to the benefit of the moratorium as they may be the rest of the money after expenses to do, if possible employed in handy and so pleasingly year incumbent (s 1028 item 2/5 of the Eastern Churches laws)
Article 256: the agents must adhere strictly, to hire workers and civil law work and social life, according to the principles laid down by the Church. (S 1030/1 of the Eastern Churches laws)
Article 257: the agents must pay, for those who do their job under the work agreement, fair wage, so that they can secure the necessities insurance fit for them and their families (s 1030/2 of the Eastern Churches laws)
Article 258: Each agent stop should not be a party to a civil court as a plaintiff or defendant on behalf of the legal person except with the permission of the year incumbent (s 1032 of the Eastern Churches laws)
Article 259: The secretary of Metwally appointed advisers from outside the Agents Council after consultation with the Council is necessary, to accomplish some specific tasks.
Article 260: Agents Council presented to the public as decided by the incumbent on the construction and the important reforms in the endowment to obtain written consent.
Article 261: the Council of agents adhere to the financial system of civil and church laws in force, especially laws (1028.1029, 1030 of the Eastern Churches laws).
To replace the moratorium and modify
Article 262-1: Crown of the year to replace the moratorium as it is the fittest or to convert the point of use in agreement with the standing as long as this alive.
2: As if standing has died and the condition of the instrument moratorium not to replace or convert the moratorium is not entitled to public guardian offense will standing with the condition, but the correctness and serious reasons or called for by the Ofer absolutely necessary or useful.
Article 263: being replaced endowment barter or sale, taking into account its interests and the interests of the detained them.
Article 264-1: eye substituent into endowment stood become like him and on his own terms, without the need for a renewed cease or to a new certification.
2: as well as money earned from the sale of eye suspended, the rationale for legitimacy to replace him, not owned by the standing nor acted on the suspended them even bought her eye once considered buying it stood first with ribbons.
3: If suspended for eye hand them sold last stop needs to Jazz architecture necessary to spend that money in his building public guardian permission to be met afterwards yields to buy the necessary allowance.
Article 265-1: being diverted endowment in the following circumstances:
A. If standing on condition it himself in the endowment charter.
(B) If still than or destination
(C) If overflowed with proceeds from the needs of the detainee it can turn excess of it.
2: specified in the preceding paragraph is the conversion conditions by a court decision based on the standing request or an agent of justice.
Article 266: If you replace the moratorium and turning it must comply with the provisions of the relevant laws ownership scheme church funds.
In holy places
Article 267 of the Patriarchs in the patriarchates, bishops and other superiors church within their mandate circle filling the freedom to create churches, temples, monasteries and cemeteries and institutes of the mainland, education, management and disarm religious about such, may not be so for one of others, but leave them.
Article 268: President canon spatial direct authority over enumerated in the preceding article institutions based within its mandate except monasteries infallible.
Article 269-1: the chairs and the Patriarchate and Episcopal churches, monasteries and cemeteries legal immunity due care.
2: eliminate the immunity of the holy places listed in the previous paragraph that no one enters the pretext of the arrest of a criminal or inspection by the president without the local ecclesiastical permission. And no one, whatever, to intervene to conduct contrary to the laws of the church buried.
Article 270: remove the religious character of the holy places within the scope of the special church law, the decision of the competent ecclesiastical president.
In cases related to religious beliefs and disputes Men clergy
Article 271: All cases related to religious beliefs and ecclesiastical matters are the prerogative of doctrinal references absolute.
Article 272: the clerics and monks excellent court in both criminal and legal proceedings, a church court. They may not be tried before a competent lay judges without their boss's permission.
Article 273: No Astaf seminarian or a monk, but in front of President canon.
Article 274-1: Do not stop the seminarian or monk nor imprisoned in ordinary prisons only after being sentenced to a criminal and after removing it from the degree and stripped of his clothes and his expulsion from the monastic.
2: If the sentence resulting from a misdemeanor Visjn the Patriarchate or the Diocese or the Monastery of monasteries Rhpanih.
Article 275: the right of religious competent authorities to strip clergy or monks from their monastic seminary or in accordance with the provisions of the laws 394-398; 497-503; 551-553 of the Eastern Churches laws.
Article 276: Alaclerikjon and monks are exempt from military service and global public functions and positions that are not consistent and their seminaries.
Article 277: ecclesiastical courts of the Eastern Catholic communities applied in the trials:
A- what is stated in the articles of the law relating to the trials.
B issued by the Holy See, where appropriate Help to see some special cases.
C civil laws relating to the powers of the ecclesiastical courts.
Article 278: In all matters within the jurisdiction of the courts of the Catholic Church and missed a special provision in the law courts apply the provisions referred to the legal right to the public and also the provisions of the civil right that are not inconsistent with the doctrine and canon Shara.
Article 279-1: Ecclesiastical Courts control and urgent orders matters within their competence under this law.
2. The ecclesiastical courts
can book reservations backed up and decide on the merit of the claims branching booking.
Article 280: This law is considered as an explicit amendment to the provisions of Article 308 of the Personal Status Law.
Article 281: apply to the children of the Catholic communities in Syria, the provisions of this law are not subject to the provisions of articles relating to personal status in any of the other laws. The ecclesiastical courts have jurisdiction over all claims subject of this law.
Article 282: the validity of the Court of Cassation and the limits of control provisions of the ecclesiastical courts are limited in accordance with the appropriate law reads as follows:
1- ecclesiastical court's lack of jurisdiction to consider the lawsuit.
2- Health formation of the ecclesiastical court.
formalities for trial.
4- Because the ecclesiastical courts apply their own religious legislation and the nature of your composition is not in any way the application of the provisions of Article 250 trials on the assets of its provisions so that the Court of Cassation Court of the subject may be.
In trials in general
Article 283: Saved in suits for a synagogues of the Holy See, courts must follow the rules enacted by that compound eye. (S 1056 of the Eastern Churches laws)
Good in court
Article 284 - Item 1: Because of the initial Roman Pontiff, for any Christian believer is entitled to file his claim, any were unchanged or degree of the trial, to the Roman pontiff himself for consideration, it is the Supreme Judge of the Catholic to the whole world, which is being eliminated himself and either by the courts of the Holy See, or through judges assigned by him.
Item 2: to raise the case to the Roman Pontiff does not stop, other than an appeal, the judge who has been initiated to look into the case, the exercise of his power, so he can continue to hold the trial until final judgment, unless it is proved that the ink Roman may transfer the case to him. (S 1059 of the Eastern Churches laws)
Article 285: a judge can not re-examine the work or document are installed special formula by the Roman Pontiff, but pre-authorize it. (S 1060 item 3 of the Eastern Churches laws)
Article 286: Persons who have no higher authority without the Roman Pontiff, whether they are natural persons from non-bishops or legal persons, are being tried before the courts of the Holy See, in compliance with the law in 1063 item 4.3 and 4. (1061 Law of the Eastern Churches laws)
Article 287: General Musharraf for the practice of justice, elected by the Synod of Bishops, the right to ensure that all existing courts within the limits of the scope of the Patriarchal Church. It has also the right to report for the response of a judge of the common court of the Church Patriarchate (Court of Appeal). (BC 1062, section 5 of the Eastern Churches laws)
Article 288 - Item 1: the Patriarch to reside an ordinary court of the church distinct from the Patriarchate diocese Patriarchate court.
Item 2: have this special court presidents, judges, and the agent was amended, and a lawyer for the documents, and other staff are necessary. These are all appointed by the patriarch with the consent of the permanent synod. And the president, judges and a lawyer for the bond can not remove them, but the Synod of Bishops of the Patriarchal Church. The resignation from office can be accepted by the patriarch alone.
Item 3: This court is the Court of Appeal in the second division and subsequent grades, with the support of judges working alternately, the claims that the spent in the lower courts. This court also has the rights metropolitan court in the geographic locations of the Church of the Patriarchate, where regions have not yet been established. (S 1063 of the Eastern Churches laws)
Article 289: third-degree court is Holy See, what did not provide year-Shara frankly otherwise. (S 1065 of the Eastern Churches laws)
Article 290 - Item 1: Primitive judge in every Diocese, and in all cases that are not excluded by Shara frankly, it is the diocesan bishop. (S 1066 item 1 of the Eastern Churches laws)
Article 291 - Item 1: Patriarch can create rudimentary court for several parishes of the special right of the Church, the consent of the diocesan bishops concerned, if the parishes within the limits of the scope of the Patriarchal Church. In other cases it is up to the diocesan bishops agreement themselves, with the approval of the Holy See. (S 1067 item 1 of the Eastern Churches laws)
Item 2: You must create such a court, if the bishops Parishioners could not, for whatever reason, that each of them creates its own, a special court, albeit within the limits of the scope of the Patriarchal Church, should this court establish the Synod of Bishops of the Patriarchal Church . (S 1067 item 2 of the Eastern Churches laws)
Item 3: In parishes that arise with such a court, could not be any Diocese to establish, on the face of the true, the Court of its own association. (S 1067 item 3 of the Eastern Churches laws)
Item 4: be set to diocesan bishops who have agreed to such a court, or to the diocesan bishop elected by that group, the powers held by the diocesan bishop to own that his court. If this court established the Synod of Bishops of the Patriarchal Church or the Holy See, it must abide by the rules established by the Synod eye or the Holy See. (S 1067 item 4 of the Eastern Churches laws)
Item 5: Appeals from this court, within the scope of the Patriarchal Church, the ordinary court of the Church of the Patriarchate, while in other cases, so the court appointed, on a consistent face, a group of bishops set forth in item 4, or designated by the Holy See a sample. (BC 1067, section 5 of the Eastern Churches laws)
Article 292 - Item 1: bishops can Obrxion from several special right of churches exercise their powers in one area, to agree among themselves to establish a joint court consider the claims of the faithful under any of those diocesan bishops. (S 1068 item 1 of the Eastern Churches laws)
Item 2: that is not available to the courts, judges and other staff are sufficient, the diocesan bishops be concerned that created a joint court. (S 1068 item 2 of the Eastern Churches laws)
Item 3: the diocesan bishops who agree on a common court to appoint one of them to be on the validity of this court authorities owned by the diocesan bishop to own that his court. (S 1068 item 3 of the Eastern Churches laws)
Item 4: Appeal of the provisions issued by the joint court of first instance to be a tribunal appointed by the Holy See on a consistent face. (S 1068 item 4 of the Eastern Churches laws)
Article 293: Feltan power that create any court to be for this court its own laws approved by the same authority, and specifying the method of appointment of judges and other staff, and the duration of their employment, and their reward, and otherwise than required by Shara. (S 1070 of the Eastern Churches laws)
Article 294: Each court is entitled to make use of any other court of the Church was to carry out some procedural work except business which includes the decisions of judges. (S 1071 of the Eastern Churches laws)
Article 295 - Item 1: You can not be built on a suit in the court of first instance, but the judge based on the validity of one of the arguments which determined the year-Shara.
Item 2: The reformist judge who possesses none of these arguments are said to have a relative.
Item 3: Prosecutor follows the defendant's court, what Shara did not provide explicitly otherwise, but if the defendant has multiple courts, would leave to the plaintiff to choose one of them. (S 1073 of the Eastern Churches laws)
Article 296: Can be set up on the case which was before the Court of the place where his residence or the semi-dwelling. (S 1074 of the Eastern Churches laws)
Article 297 - Item 1: dizziness tried at the Court of the place where he currently resides.
Item 2: Who does not know him or semi-dwelling residence and place of residence can be tried in the court of the prosecutor, as long as illegal elsewhere is not available. (S 1075 of the Eastern Churches laws)
Article 298: Can be set up on a case discount:
1- in cases revolve around the administration, the Court of the place where the administration was conducted,
2- competent in inheritance or probate proceedings Relay, the Court of the place where he was recommended for the gene or other dwelling or semi-dwelling or residence, in compliance with the law in 1075, item 2, the topic was not a pure implementation of fortification commandment, which must consideration, according to the authority in the familiar rules. (S 1079 of the Eastern Churches laws)
Article 299: if not the validity of the judge, however, made him a suit, that gets the authority agreed that the parties and the authority which controls directly to the court. (S 1080 of the Eastern Churches laws)
Article 300: Tying the pretext, should one court is considering the same, and in the context of litigation eye, in cases related to each other, unless prevented this as laid down al-Shara. (S 1081 of the Eastern Churches laws)
Article 301: arguing already claim, while the two Tribunals equal or more authority, is entitled to consider the lawsuit, which conjures up the first, Asthoudara legitimate defendant. (S 1082 of the Eastern Churches laws)
Article 302 item 1: rivalries between the judges in favor of it in them to eliminate one of the things, which separates the resumption of the judge who made the case earlier request for the opening of a court case.
Item 2: If the Court of any of them is the other appeals court, the litigation Feltvsal third division of the court presented the case to the court earlier.
Item 3: there is no room for the resumption of the decisions taken at these discounts. (S 1083 of the Eastern Churches laws)
Article 303 -
Item 1: Keeps the court composed of three judges Assembly:
1- suits in Wethaq holy Ordination,
2- suits in Wethaq marriage with compliance with laws in 1372 and 1374,
Item 2: other cases assigned to a single judge, the diocesan Bishop did not preserve a particular case of a group of three judges.
Item 3: If it is not possible establishment of a tribunal Association in the first class of the rule, and as long as this impossibility, can patriarch, after consultation with the Permanent Synod, allowing the bishop diocesan, that tireless some suits to church judge an individual uses, if possible, an aide and examiner . (S 1084 of the Eastern Churches laws)
Article 304 - Item 1: Assembly on the court that the trial take place collectively and issued sentences by majority vote, and for health in the following cases:
1- request refund suit interview suit or emergency,
2- chapter in the resort of a decision by the presiding judge,
3- take provisions, even preliminary, and the decisions have the force of a final judgment.
Item 2: other procedural actions carried out by the decision, unless the group reserves for itself some work, but it's not for health.
Item 3: If you look at the suit primarily Court Society, should the court Association also control the degree of appeal, and that the number of judges should not be lower. If consideration by a single judge, then the degree of Appeals ruled that the judge, as well as the individual, with the exception of the case provided for in the law in 1084, Section 3. (S 1085 of the Eastern Churches laws)
In court staff
In the judicial attorney, judges and interrogators
Article 305 - Item 1: the diocesan bishop to reside deputy prosecuted, but the Attorney General, it has an inherent judicial authority, unless the small parish issues or lack of calls to the other.
Item 2. Judicial Attorney compose the diocesan bishop and a single court, that he can not be judged in the proceedings held by the diocesan bishop himself.
Item 3 could be appointed to the deputy judicial aides called agents of the Deputy Judicial name.
Item 4. You must both judicial MP, agents priests Salimi reputation and Mlavnh be in the legal right, or at least licensed it, and be in two laboratories acumen and zeal on justice, and should not be without age thirty years. (S 1086 of the Eastern Churches laws)
Article 306 - Item 1: the diocesan bishop in the diocese to appoint judges Obrhien are clericals.
Item 2: Patriarch, after consulting the permanent synod, can also be allowed to appoint judges from other Christian believers, and, if necessary, can take one of them to form a tribunal Association.
Item 3: Let Salimi reputable judges, Mlavnh the legal right, or at least licensed in it, two laboratories in the acumen and zeal on justice. (S 1087 of the Eastern Churches laws)
Article 307. Item 1: Judicial Attorney and Deputy Attorney judicial and other judges are appointed for a specific time.
Item 2: If the specified time has elapsed during the vacancy of the Holy parishioners, can not be dismissed, but they continue in their job that manages the diocesan bishop of the new command.
Item 3: Judicial Attorney, if he was appointed by the diocesan mastermind, needs to be installed with the advent of the new diocesan bishop. (1088 Law of the Eastern Churches laws)
Article 308: A judge of the individual that includes him in any trial helpers from among the Christians with life tested to be advisers to him. (1089 Law of the Eastern Churches laws).
Article 309 - Item 1: the judicial attorney be appointed from among the diocesan judges by ordering them and rotating judges Aalvan President Court Association, which had not seen the diocesan bishop fit, in his intellect, otherwise.
Item 2. The judges were appointed when not entitled to judicial deputy to replace them, but very dangerous for a reason to be mentioned for Health in the resolution. (1090 Law of the Eastern Churches laws)
Article 310 - Item 1: Court Assembly headed, if possible, the judicial deputy or assistant.
Item 2: Assembly on the President of the Court to appoint a rapporteur judges comprising, as he will not perform the same task.
Item 3: for this same president to replace due without him for some reason my mind.
Item 4: The course provides an account of the proceedings in the Council of Judges and formulate a judgment in writing. (1091 Law of the Eastern Churches laws)
Article 311: to judge the individual back court rights and the rights of its president. (1092 Law of the Eastern Churches laws).
Article 312 - Item 1: judge or the president of the court can appoint examiner Assembly to do to achieve the lawsuit, and can be chosen either from among the judges of the court and either among the believers who accept them as diocesan bishop for that function.
Item 2: diocesan bishop can be accepted for a job interrogator believers are characterized by good and acumen, and taught them morals.
Item 3: Action interrogator to collect evidence is limited by power of attorney and the judge delivered to him. But he can, unless Labor and appoint the judge, to decide in the meantime, what is the evidence that must be collected and how it should be collected, if you popped in front of this issue in the course of doing his job. (1093 Law of the Eastern Churches laws).
The agent of justice and attorney for the bond and the Registrar
Article 313: In the legal proceedings, which can be exposed to the general welfare of the damage, and in the criminal proceedings, should be held in the parish and Justice Undersecretary be his duty to ensure the common good. (1094 Law of the Eastern Churches laws).
Article 314 - Item 1: In legal proceedings diocesan bishop to govern in Could common good is at stake or not, unless the intervention agent of justice imposed by Shara or necessary, obviously, the nature of the thing.
Item 2: If the intervention agent Justice in the previous degree of the trial, it is likely that intervention is necessary in the subsequent class. (1095 Law of the Eastern Churches laws).
Article 315: In cases in which the theme of the invalidity of sacred ordination or the nullity of marriage or dissolution, must be held in the parish attorney for the bond proposal is committed to duty, and both offer what is right requires submission to prevent nullification or solution. (1096 Law of the Eastern Churches laws).
Article 316: In cases where the required presence of Undersecretary of Justice or the attorney for the bond, if you do Asthoudra business was void, unless actually attend but did not Asthoudra, or were able, at least by the referee, do Bozivthma scans business. (1097 Law of the Eastern Churches laws).
Article 317: What year Shara did not provide explicit language to the contrary:
1- each time ordering the law that the judge listens to rivals or to one of them, we must also listen to the agent or lawyer for the Justice bond if they attended the trial.
2- Every time requires asked a judge for the two teams could decide something, you have to request Undersecretary of Justice or the lawyer for the bond if they attended in the lawsuit the same force. (1098 Law of the Eastern Churches laws).
Article 318 - Item 1: the diocesan bishop to appoint an agent of justice and attorney for the bond. In non-diocesan tribunals they are appointed in accordance with the laws of the court, what Shara unless stated otherwise.
Item 2. Let the agent of justice and attorney for the bond believers Salimi reputation, Melvanin the legal right, or at least licensed and laboratories Pftnthma and Gerthma on justice. (1099 Law of the Eastern Churches laws).
Article 319 - Item 1: Can one person that acts as agent of justice and attorney for the bond, but not in the same suit.
Item 2 can be set Undersecretary of Justice and the attorney for the bond pan suits or suit each individual, but the diocesan bishop can Iqilhma for some reason my mind. (Law 1100 of the laws of the Eastern Churches).
Article 320 - Item 1: must attend all court recorder, so the business is considered invalid if they have not signed it.
Item 2. Business written by registered enjoying official confidence. (1101 Law of the Eastern Churches laws).
In court staff who have been selected from several
Parishes or several churches with a special right
Article 321 - Item 1: judges and other court personnel can be selected from any Diocese or monastic institution or shared life association along the lines of the monks, who own their church or other special right church, but the written consent of the bishop diocesan or Chief.
Item 2. A judge director, unless otherwise provided for in the agency seconded, may be assisted by staff residing inside places that extend the authority of the deputed. (1102 Law of the Eastern Churches laws).
In the duties of judges and other court personnel
Article 322: The judge, at the start of the litigation or at another time when the looming hope of finding in favor of a way out, that does not neglect urged foes and help them to work together to find a just solution to the dispute, and whose guidance to the appropriate ways to reach such a solution, using mediation Rchinan people. (Law 1103 Item 2 of the Eastern Churches laws).
Article 323 - Item 1: the righteous judge to eliminate not refuse service to any team requested a legitimate request.
Item 2. The judge can not be seen in any suit was, what has not progressed to the concerned party or agent of Justice by request in accordance with the laws. (1104 Law of the Eastern Churches laws).
Article 324: Who was in a case a judge or an agent of justice or an attorney for the bond or an agent or a lawyer or a witness or an expert can not generally true in the post at the other degree from the suit the same, to judge where the judge, that acts as an Associate. (1105 Law of the Eastern Churches laws).
Article 325 - Item 1: The judge should not consider a lawsuit he has had some interest because nearly bloody or eligibility in any degree was one of the straight line, and the fourth degree Baltdmn of deviant line, or because of the custody or jurisdiction, or severe tuning or intense enmity, or drag Maghnam or pay the damage.
Item 2. In the same agent of justice and attorney for the bond and Associate conditions and interrogator shall refrain from doing your job. (1106 Law of the Eastern Churches laws).
Article 326 - Item 1: When asked to respond because of the suspicion judge in ordinary or delegated tribunal, though valid for the elimination, we must control and veto authority which controls directly the Court, in compliance with the law in 1062, items 2 and 5.
Item 2. If the diocesan bishop is the judge, and objected to respond, it shall refrain from the judiciary.
Item 3. The answer objected against other employees of the court, consider this objection Assembly president in court or judge whether an individual. (1107 Law of the Eastern Churches laws).
Article 327: If you must change before answering people do not change the degree of the trial. (1108 Law of the Eastern Churches laws).
Article 328 - Item 1: must be answered as soon as the separation is still listening to the opponents.
Item 2. actions by the judge before the answer is correct. But by the post after a request must be undone if requested discount Ten days from the date of acceptance of the reply. After accepting the post becomes void. (1109 Law of the Eastern Churches laws)
Article 329 - Item 1: The judge is not able to hold court in the matter has nothing to do only the interests of individuals only request the rebate.
Item 2: a judge can make up for the shortened antagonists to provide data or payment of objections, every time it deems necessary to avoid serious judgment is contrary to contradict justice in compliance with the law 1283. (1110 Law of the Eastern Churches laws).
Item 3: The judge can not direct opponents to change the subject of the case or provide their evidence supporting them.
Article 330: the judges and courts be concerned that the proceedings are terminated properly and Justice, as soon as possible. So do not delay in primitive court more than a year, and in the degree of appeal more than six months. (1111 Law of the Eastern Churches laws).
Article 331 - Item 1: restricts the duty of keeping the secret judges and assistants in court, always in the criminal trial, but in the human rights trial, when can damage the antagonists of the work revealed the acts of the trial is happening.
Item 2. they must also keep the secret always conserved N disclosure in relation to the discussion taking place in the Assembly before the court judgment, as well as in relation to the different voices and opinions that show where, and this restricts the password also all those who know about these things in any way.
Item 3. It can be the judge to have witnesses, experts and litigants and lawyers about them or their agents to the right to save your password every time it is the nature of the case or the evidence to be exposed to damage the reputation of others from publishing business, or evidence, or giving way to the differences or doubt or pitfall arises else. (1113 Law of the Eastern Churches laws).
Article 332: prohibits the judge and all court staff to accept any gift on the occasion of a trial. (1114 Law of the Eastern Churches laws).
Article 333 - Item 1: The judges who, on the fact that suitability definite and clear, reject the administration of justice, or who, without any legitimate basis decide suitability Vinzeron in suits and govern them, or disclosing secret orders Shara saved, or who for fraud or serious negligence inflicting damage to an adversary, can the competent authority to punish appropriate sanctions, without exception, to deprive the post.
Item 2 well is located under the threat of sanctions appointed by the court staff and other assistants which, if passed evacuated their job as above, and all of them can the same judge to punish them. (1115 Law of the Eastern Churches laws).
334: When the judge is likely that the plaintiff Saabut governing canon If it is agreed that the counter came to him, and therefore that the defendant's rights would not be adequately secured type, they can, on the request of the defendant himself or of his own, too, that forced the plaintiff to perform adequate guarantees for work-governing canon. (1116 Law of the Eastern Churches laws).
In the order of consideration of lawsuits
Article 335: the judges and the courts to consider claims submitted to them in the order filed and recorded them in the pen, but if required to perform quickly before anyone else, and that it should be declared in a special resolution stating the reasons. (1117 Law of the Eastern Churches laws).
Article 336 - Item 1: defects which are estimated to make void judgment can be made in any case or class of the Court, Judge ex officio and can be proclaimed.
Item 2. defenses tactics, especially those that are vested in Persons and of the way the trial should be made earlier transponders for the prosecution, if only emerged after the transponders for the prosecution, and must be separated as soon as possible. (1118 Law of the Eastern Churches laws).
Article 337 - Item 1: to make the interception on the validity of the judge, he was the same judge to consider the matter.
Item 2. If the objection is not to judge the validity of relativity, the same judge declared valid to eliminate, can not resume his decision. But it could be challenged by a complaint or invalidity of a retrial or third parties to intercept.
Item 3. However, if the same judge declared invalid the judiciary, you can count opponent who feel injustice to resort to the Court of Appeal within five days useful. (1119 Law of the Eastern Churches laws).
Article 338: The judge who realizes at any stage of the trial is not absolute validity must be declared. (1120 Law of the Eastern Churches laws)
Article 339 -
Item 1: defenses of the case the court and the Magistrate and other peremptory defenses, which is said to have "defenses rivalry ended," must be made and separated by the transponders for the prosecution, and shows them then you should not reply but must reimburse the legal expenses, unless it is proved that, it did not delay the cast for bad faith.
Item 2. peremptory other defenses must be cast in the course transponders for the prosecution and to address in a timely manner according to the rules laid down for emergency issues. (Law 1121 of the laws of the Eastern Churches).
Article 340 - Item 1: interview suits can not be cast on the face of true only within thirty days after the transponders for the prosecution.
Item 2. But it must be seen in the interview suits at one time with the work the President, in any degree of judgment equal with him, unless it is necessary to consider in all of them solo, or the judge felt that the most appropriate. (1122 Law of the Eastern Churches laws).
Article 341: Matters relating to the performance guarantee ensuring judicial expenses, or the granting of legal aid which requests off from the beginning, and others of the like must be considered in the original by the transponders for the prosecution. (1123 Law of the Eastern Churches laws).
In maturities trial and Mhlha and place
Article 342 - Item 1: deadlines set by Shara to drop rights can not be extended or shortened on the face of true unless it asks foes.
Item 2. The other deadlines can judge that Amddha before it moves, the reason my mind, after listening to the two rivals or request, but may not be true on the face of failure unless it agrees foes.
Item 3. But Fleihters judge that prolonged the proceedings so much due to the extension. (1124 Law of the Eastern Churches laws).
Article 343: The al-Shara did not specify deadlines to carry out the court, the judge has to be determined according to the nature of each work. (1125 Law of the Eastern Churches laws).
Article 344: If the designated day for the work of the court on a holiday, is a term stretched out to first following working day. (1126 Law of the Eastern Churches laws).
Article 345: Let the court, if possible, in a fixed place opens at certain hours and in accordance with the rules laid down by particular law in this regard. (1127 Law of the Eastern Churches laws).
Article 346 - Item 1: the judge expelled by force from his area, or repels from the exercise of judicial authority which, to exercise his authority and issue a verdict outside his area, but he has to the local diocesan bishop knows this.
2- Furthermore, the judge can, for some reason my mind, and after listening to the two rivals, to travel out of area own to get the evidence, but with the permission of the bishop of the diocese, which goes to it, and in the place designated by the bishop. (1128 Law of the Eastern Churches laws).
In persons to be admitted to the courtroom
In the method of organization of work of the lawsuit and saved
Article 347 - Item 1: time processing claims with the court, we should not bring in the hall only Shara decide or judge that their presence is necessary to conduct the trial.
Item 2. Anyone who attend the trial if they released a major breach with due respect and obedience of the court, the judge can come down their appropriate sanctions, if it affects the alarm. It can also take lawyers and agents shall be suspended from the practice of their mission in the courts of the church. (1129 Law of the Eastern Churches laws).
Article 348: If a person was used in the interrogation language unknown to the judge or foes, Fletkhz sworn translator appointed by the judge. The comments must be tuned to overwrite the original language is added to the translation. It also takes an interpreter, if it is intended interrogation deaf or mute, unless the judge preferred to be answers to his questions in writing. (1130 Law of the Eastern Churches laws).
Article 349 - Section 1: All judicial work, both with regard to the basis issue, any business suit, or with regard to a procedure, any trial work, it must be tuned in writing.
Item 2. each sheet of papers case file number should be numbered and prove official described the seal of the court. (1131 Law of the Eastern Churches laws).
Article 350: Every time requires the signing of rivals or witnesses in judicial acts if they did not appreciate or respond discount or witness to sign this sign, Vledon it in the same business, and it must at the same time the judge and writer to testify that the record itself may be followed by the word the word on the opponent or the witness, and that the opponent or the witness could not or did not want to sign it. (1132 Law of the Eastern Churches laws).
Article 351 - Item 1: documents that belong to individuals should be after the termination of the trial be returned to their owners, to be kept a copy.
Item 2. It is prohibited to the Registrar of the circle and registered to surrender without a prompt from the judge a copy of the judicial agenda and the documentation that came in the possession of the suit.
Item 3. Messages placebo signature must be ruined and that does not come mentioned in the works. We must also damage the rest of the editors and signed messages that do not benefit the basis of the lawsuit is defamatory or something more definite. (1133 Law of the Eastern Churches laws).
The plaintiff and the defendant
Article 352: Each person, whether baptized or unbaptized, to evaluate the case before the Court. And the defendant legitimately callee to the court to answer. (1134 Law of the Eastern Churches laws).
Article 353: the plaintiff or the defendant callee to the judiciary, although established as an agent or a lawyer, should always appear in person in court as paints Shara or judge. (1135 Law of the Eastern Churches laws).
Article 354 - Item 1: minors and Aadmo majority can not establish a claim can only be mediated by their parents or guardians or guardians.
Item 2. If the judge saw a conflict between their rights and those of their parents or guardians, or their parents, or felt that they could not secure the rights of minors and Aadami majority satisfactorily, then Vliqad their guardian or guardian who is appointed by the judge.
Item 3. But in the spiritual and related Balrouhah things, if the minor has reached the age of majority can be Adaawa and defend without the consent of the parent or guardian, and if they have completed their fourteenth year of age can do so on their own as well, but bartering away a guardian appointed by the judge.
Item 4. Amahgoron can not act with their money, and undernourished mind, to sue for themselves but for all Ajoboa own crimes or if the judge's order, and anything other than that you should defend Adaawa and mediated by their parents. (1136 Law of the Eastern Churches laws).
In dealerships in discounts and lawyers
Article 355: Can an opponent to evaluate him as an agent or a lawyer whom he will, but it can also Adai and Araf himself, but if the judge felt that the establishment of an agent or a lawyer is necessary. (Law 1139. Item 1 of the Eastern Churches laws).
Article 356 - Item 1: can discount to evaluate him as an agent and one, and this agent is estimated to delegate to anyone unless authorized to do so in writing.
Item 2. If, however, stayed the same opponent several agents to farewell my mind, so that these Vliein including the area of the above.
Item 3. But can establish several lawyers together. (1140 Law of the Eastern Churches laws).
Article 357: This must be the agent and lawyer adults Hamidi reputation, and moreover must be a lawyer Catholic, unless allowed otherwise power under her court directly, and it must be Melvana the legal right, if not, then at least a real expert in it and approved by the authority itself. (1141 Law of the Eastern Churches laws).
Article 358 - Item 1: should the agent and lawyer, before undertaking Bmanmthma, being thrown court official agency.
Item 2. However, the judge can, in order to prevent the demise of the right, to accept an agent and that his agency did not appear, after presenting sufficient guarantee, if necessary. But do not be to judge the work of any force that the agent and his agency did not appear during the crucial deadline approved by the judge. (1142 Law of the Eastern Churches laws).
Article 359: - the agent can not without a special agency that is being properly abandon the case or about one degree of dilapidation or judicial acts, nor reconciliation or consensus or arbitration, and the type of aggregate that the work requires Shara has a special agency. (1143 Law of the Eastern Churches laws).
Article 360 - Item 1: There must be a lawyer or agent to be isolated to this insulation effect. If the transponders on the prosecution had obtained, the judge and discount Vliet note of this.
Item 2. After the final verdict remains the agent's right and duty to appeal, if the client did not Jaap it. (1144 Law of the Eastern Churches laws).
Article 361: Can the judge to refund both the agent and the lawyer a decision issued either ex officio or on the request of the opponent, but dangerous for a reason, yet always maintain the possibility of recourse to the Court of Appeal. (1145 Law of the Eastern Churches laws).
Article 362 - Item 1: denied on both the agent and the lawyer to buy a case or the contracting of obscene or reward to claim a share of the disputed thing. If indeed so, have contracted void, the judge can Iequbhma be fined and could Moreover, to stop the lawyer from the law, but can the authority which controls the court directly to separate him, if re act, and written his name in the counsel table.
Item 2 can be punished in the same way agents and lawyers who circumvent the law suits are pulling with the power and turn them into other courts in its judgment provide them with interest. (1146 Law of the Eastern Churches laws).
Article 363: the lawyers and agents who betray their job for bribes or promises, or any other reason should be suspended from practicing law and punished with a fine or other sanctions appropriate. (1147 Law of the Eastern Churches laws).
Article 364 must, whenever possible, to be held in each court, lawyers are firm remunerated from the same court, and practicing attorney or agent task, especially in marriage lawsuits, on behalf of opponents who want choice. (1148 Law of the Eastern Churches laws).
In suits and defenses
Article 365: All right, unless stated otherwise, is immune to not only the right but also the prosecution and Order, which is always based and everlasting nature. (1149 Law of the Eastern Churches laws).
Article 366: Each suit go away over time and according to the law, or other legitimate manner, except for cases related to the situation of persons not never go away. (1150 Law of the Eastern Churches laws).
Article 367: legal proceedings, what Shara did not provide expressly provides otherwise, go away over time after a period of five years starting from the day it possible to open the proceedings, taking into account the personal status laws in this matter where. (1151 Law of the Eastern Churches laws).
Article 368: Can the prosecutor that the defendant resides on several cases together, but not conflicting, so whether it be in one order or in different things, that do not come out of these cases the court to which he refers expires. (1155 Law of the Eastern Churches laws).
Article 369 - Item 1: can the defendant be evaluated with the same judge in the same trial, an interview suit, either because of the case and either link to the case in order to answer the request of the Prosecutor or Tnqas.
Item 2. unbeatable interview interview. (1156 Law of the Eastern Churches laws).
Article 370: must provide the corresponding action before the judge who has held the original case, although the commissioner only one suit or invalid relative to eliminate without validity. (1157 Law of the Eastern Churches laws).
Article 371 - Item 1: accept the custody of the appointed insurance debt, provided that the right of a creditor constant sufficiency.
Item 2. It can also extend the existing reservation to the debtor under any pretext things were when other people due to the mortgagor. (1159 Law of the Eastern Churches laws).
Article 372 - Item 1: every time you apply for the measure in order to support a person, you can be the judge after hearing the two rivals to issue a decision to be implemented in the case ordering, after the imposition of adequate security if necessary, to provide, in the meantime the necessary foods without prejudice to the desired separated governing right.
Item 2. When a Sun rivals or agent of justice apply for this decision, the judge Fletdber command after listening to the other opponent in the fastest possible time, that is never more than ten days. If passed this time to no avail, or if demand response Enevsh the area to take refuge in areas under its direct court authority, provided that the authority was not the judge himself, or if preferred with regard to the appeal judge that it should also be resolved in the fastest possible time . (1163 Law of the Eastern Churches laws).
In human rights trial
In human rights trial familiar
In a wide open case
Article 373: Who wants to bring an action he has to raise a petition to the competent judge shows where the subject of the litigation, and asked the judge service. (1185 Law of the Eastern Churches laws).
Article 374: petition, which opens the proceedings must:
1- to remember who is the judge who has held the case, and what is required, it is required of him,
refer to any prosecutor based on the law, and remember altogether if the facts and evidence upon which to prove its claims,
be signed by the plaintiff or his agent, indicating the day, month and year and shop, home to the plaintiff or his agent, or say they are staying the order of business,
remember residence of the defendant or semi home. (1187 Law of the Eastern Churches laws).
Article 375 - Item 1: After the individual judge or the president of the court sees Assembly that it is up to their authorities and that the plaintiff is not without legitimate claim personal, they have to accept a petition to open the case or bring it again as soon as possible.
Item 2. Re can petition to open proceedings:
1- If it is not the judge or the Court shall,
2- If proven way beyond any doubt that the plaintiff is devoid of the personal legitimacy of the claim,
3- If you do not keep the law as laid down by 1187, 1-3,
4- If clearly show the petition to open proceedings the same as being free of any basis, and that he could not show her any trial basis.
Item 3. If you received a petition to open proceedings to defects can be repaired, it is estimated the prosecutor to submit to the same judge of the new organization, according to a broad new assets.
Item 4. deductible always be filed within ten days of refuge useful excuse to the Court of Appeal of response a petition to open the proceedings, or to the court if the petition Assembly president responded. We must separate the issue in the fastest possible time. (1188 Law of the Eastern Churches laws).
Article 376: If the judge has not issued in a month to deliver a petition to open proceedings a decision accepted by petition or bring it again, you can discount the person concerned to insist on the judge to be doing his duty, and if the judge maintained, however, the silence, and passed unsuccessfully ten days to provide the urgency, the petition is considered acceptable. (1189 Law of the Eastern Churches laws).
In conjuring and communicate legal business or notified
Article 377 - Item 1: the decision accepted by the petition to open proceedings should be the judge or the President of the Court to invite other opponents to trial any Asthoudaarham of transponders for the prosecution, identifying Do I have to answer them in writing or in front of the audience to agree on uncertainties. If proved his answers given in writing the need to invite opponents together, you can define it in a new resolution.
Item 2. If you consider a petition to open the case is admissible according to the law in 1189, must issue a decision conjuring to trial within twenty days from the submission of urgency referred to in the same law.
Item 3. If teams like the protagonists on their own before the judge to stay the proceedings, there is no need to conjuring, but Vlivkr writer in the business that the two rivals had attended the trial. (1190 Law of the Eastern Churches laws).
Article 378 - Item 1: conjuring the decision to the court must be promptly notified to the defendant and to whom they have to appear in court.
Item 2. must include conjuring a petition to open the proceedings, the judge had ruled for a serious reason that you should not discount knows petition before testifies in court.
Item 3. If the case was held on the person does not have the freedom to exercise his rights, no freedom of the disputed objects management, Filiplg to conjuring of it shall sue in his name, according to the laid down al-Shara. (1191 Law of the Eastern Churches laws).
Article 379: subpoenas, decisions and judgments and other judicial acts must be notified by mail or notified and recognized in the business in accordance with the civil law. (Law 1192- Item 1 of the Eastern Churches laws).
Article 380: If the call on the face of a legitimate hit, or if the parties came before the judge in the case of the collapse:
1- sit rivalry;
2. become a private issue or a judge who filed the case before them is not a dispute over the court disqualified;
3- prove the authority delegated to the Commissioner the judge, so they do not disappear when the right Commissioner,
4- interrupted the statute of limitations, unless otherwise corrects;
5- starts crumbling in the litigation, and therefore works off the principle: "Do not Ihdtn thing rivalry list." (1194 Law of the Eastern Churches laws).
In the transponders for the prosecution
Article 381 - Item 1: The transponders for the prosecution determines when the subject of the litigation to a decision by the judge based on what provided by foes of the application and defense.
Item 2. Demand and defense, as well as the content of a petition to open proceedings, the two rivals can express them either in answering conjuring either verbally in a statement submitted to the judge. In the most difficult cases, the judge Felicthoudr rivals to agree on a suspicion or uncertainties that must be answered in the judgment.
Item 3. foes must inform the judge's decision, and they can within ten days to resort to the same judge to change the resolution, what they do not feel the agreement between them. However, the judge must be appointed by the decision of separating it in the fastest possible time. (1195 Law of the Eastern Churches laws).
Article 382: When the subject of the litigation determine, can not be changed on the face of true, but a new decision and a serious reason, and at the request of one of the two rivals, and after listening to the other opponent and estimate what the two of the reasons. (1196 Law of the Eastern Churches laws).
Article 383: to appoint a judge enough time after the transponders for the prosecution, to allow rivals to make evidence-based and Taatmimha. (1198 Law of the Eastern Churches laws).
Interruption in litigation in the rivalry
And falling and abandoned
Article 384: If one of the two disputing parties dies, or his condition, or still his job is suing the judgment:
1- If he did not achieve the lawsuit sealed interrupted litigation in the dispute, to be renewed litigation Dead heir or successor, or who is interested,
2- though it may seal the case shall achieve a judge to follow Sir After evoke the Dead heir or his successor. (1199 Law of the Eastern Churches laws).
Article 385 - Item 1: When still function guardian or guardian or an attorney or a lawyer who provides for the necessity of the law in 1139, interrupted in the meantime litigation in the rivalry.
Item 2. But the judge has to be appointed as soon as possible as a trustee or another crown, and can hire an agent to a feud or a lawyer, if neglected opponent in a short period of time determined by the judge himself. (Law 1200 of the laws of the Eastern Churches).
Article 386: dropping litigation in the litigation if the two rivals have not been any act of the trial without hampering the mind that, for six months. (1201 Law of the Eastern Churches laws).
Article 387: Fall rule implemented by the law and the right of everyone, even minors. And it must be decided by the judge, so while retaining the right to return, in order to compensate, the guardians and parents and plotters and agents who did not prove that they have no sin in that. (1202 Law of the Eastern Churches laws).
Article 388: Fall removes work trial does not work the case, but it can be for this business strength in the last litigation, provided that this will be the same people and the same thing, but for to others not only have the power of documents. (1203 Law of the Eastern Churches laws).
Article 389: assume all of the litigants what he had done from falling trial expenses. (1204 Law of the Eastern Churches laws).
Article 390 - Item 1: Attorney can in any case of the trial, and any degree of grades, to give up litigation in the litigation, as can the plaintiff and the defendant to abandon the work of the whole or part of the trial.
Item 2 of that rule can guardians and legal persons to abandon litigation in the rivalry, they require advice or consent of the required consultation or consent to carry out acts goes beyond the ordinary measure.
Item 3. To abandon true, it must be conducted in writing, and signed by the opponent or his agent if he has a special agency, and consulted by the other opponent and is pleased with this or at least do not object to it, and accepted by the judge. (1205 Law of the Eastern Churches laws).
Article 391: abandon, after acceptance by the judge, happen given the business abandoned by Mufail eye caused by the fall in adversarial litigation, and requires the expenditure of abandoned doing business that abandon them. (1206 Law of the Eastern Churches laws).
Article 392 - Item 1: the burden of establishing the evidence is located on the claims.
Item 2. does not need evidence:
1- regard as unlikely that the same law,
2- facts supplied by one of the two rivals and delivered by the other, unless the law requires or trial judge nevertheless establish evidence. (1207 Law of the Eastern Churches laws).
Article 393 - Item 1: could provide evidence of any kind, if it appears to be useful to look at the case and was award.
Item 2. If one of the two rivals insisted that the refusal to accept the evidence of the judge, the same judge Vljevsal command in the fastest possible time. (1208 Law of the Eastern Churches laws).
Article 394: If one of the two adversaries, or a witness to refuse to appear before the judge to testify, may be heard mediated by a person appointed by the judge, or demand him to make his statement before the official recorder, or in any other way illegal. (1209 Law of the Eastern Churches laws).
Article 395: The judge should not submit to gather evidence for prosecution by the transponders only for a serious reason. (1210 Law of the Eastern Churches laws).
A- foes answers
Article 396: The judge can always be questioning the two rivals to reveal the truth more fully, but must then request a two opponents, or the manifestation of the fact that the incident matter of public interest that denies his insecurities. (1211 Law of the Eastern Churches laws).
Article 397 - Item 1: Each of the two rivals, if the judge questioned him according to the law, to answer and recognizes the full right, what did not disclose an offense committed his answer is the same.
Item 2. As if he refused to answer, the judge may be estimated what can result from this refusal to show for the fact the facts. (1212 Law of the Eastern Churches laws).
Article 398: In cases where it is happening on the public good, the judge must require the two rivals right Icola that right, or at least they said they had the right, which did not call for a serious reason to not do so. (1213 Law of the Eastern Churches laws).
Article 399: Can both foes and Undersecretary of Justice and the attorney for the bond to be submitted to the judge points to ask about the other opponent. (1214 Law of the Eastern Churches laws).
Article 400: In questioning the two rivals to keep as much as possible on what you draw the laws of the questioning of witnesses. (Law 1215 of the laws of the Eastern Churches).
Article 401: The declaration made by and about the fact that one of the two rivals against his interest in the subject of the trial before the same judge good to eliminate, in writing or in tongue, amnesty or when a question the judge, said his court approval. (Law 1216 of the laws of the Eastern Churches).
Article 402 - Item 1: If the case is a matter for the individuals and the interests of the common good, Claudio Cordone a judicial foes removes all the other evidence to establish the discount Heb.
Item 2. In the issues of concern to the common good, The recognition of judicial and other rivals statements can have probative force to the judge that the estimated value is and all other issues related to the case. But you can not have a full evidentiary force, unless they are given other elements confirmed by the full affirmation. (1217 Law of the Eastern Churches laws).
Article 403: recognition outside the court, who cast him in the trial, the judge, after careful consideration, in any case circumstances, to see what his value. (1218 Law of the Eastern Churches laws).
Article 404: recognition of judicial or any statement to a foes shall be free from any force if it is proved that he had made out of an error of fact or grabbed by force or by pressing fear the particle. (1219 Law of the Eastern Churches laws).
B evidential documents
Article 405: accept the official documents of proof and privacy in any kind of trials. (1220 Law of the Eastern Churches laws).
Article 406 - Item 1: Official church documents is set by any person under the official mission of the Church, while maintaining the official formulas imposed by Shara.
Item 2 civilian official documents which are considered as such under the Civil Shara.
Item 3. Other documents are private. (1221 Law of the Eastern Churches laws).
Article 407 Official Records generate confidence, including direct and key states where unless proven otherwise contrary evidence is clear, taking into account laid down by local civil Shara if he decides otherwise with respect to the civil documents. (1222 Law of the Eastern Churches laws).
Article 408: Privacy of the document, recognized by the opponent or Athakgaha judge, force probative appointed by the adoption of non-judicial, at the right of the writer or the location and those involved in the case, but in the right of others could have probative force estimated by the judge in the light of other circumstances of the case. But you can not have a full evidentiary force, unless they are given other elements confirmed by the full affirmation. (1223 Law of the Eastern Churches laws).
Article 409: If proved that in Heka or Tsaliha gloss or documents, or they tinged other Bashaibh, the judge may be seen whether they require trust and the amount of such trust. (1224 Law of the Eastern Churches laws).
Article 410: It is not the strength of the documents of proof at trial unless they are original or shown identically to the original, and deposited the Registry, the judge and the opponent can Evhsaha. (1225 Law of the Eastern Churches laws).
Article 411: The judge can order that the court demonstrated at a joint document between the two rivals. (1226 Law of the Eastern Churches laws).
Article 412 - Item 1: No one is required by making documents, even common ones, which can not be published without the risk of damage stipulated in the 1229 law, item 2.2, or risk of breach of the duty to maintain the secret.
Item 2. But if possible to reproduce at least part of the document shown in the above picture of the damage does not occur, the judge can order that achieves it. (1227 Law of the Eastern Churches laws).
C in witnesses and testimonies
Article 413: accepted proof witnesses in both cases the judge under management. (1228 Law of the Eastern Churches laws).
Article 414 - Item 1: witnesses when Astntgahm judge according to the law must recognize the truth.
Item 2. exempt from the duty to answer, while retaining the law, including paints 1231:
1- Alaclerikjon, given the things that briefed them because the Holy their service, civil servants, doctors, midwives, lawyers, dialers, and others who they need to save secret of the profession, even because of the express advice given to matters under this mystery,
2- of fear because of their testimony to get them or their spouse or for those with blood kinship or civil Shin in visibility or Tnkid a danger, or other nuisances severe. (1229 Law of the Eastern Churches laws).
1) in the can that be witnesses
Article 415: Can everyone to be witnesses unless the aggressors explicit law were fully or partially in response. (1230 Law of the Eastern Churches laws).
Article 416 - Item 1: Do not accept to perform certificate minors who have not attained the age of fourteen, and visually mind.
Item 2. is not the adequacy of them to testify:
1- foes in the lawsuit, or who are acting on behalf of the two rivals in the trial, the judge and his co-workers, and the lawyer, and others who are helping or have helped the two rivals in the lawsuit.
2- priests, given what taught him the sacrament of confession, though the request revealed the person who confessed to have. But it can not accept what would have been heard by anyone and in any way on the occasion of the sacrament of confession, not even a sign of the truth. (1231 Law of the Eastern Churches laws).
2) to provide witnesses and their response
Article 417: the discount that comes with control that adjusts for interrogation, but the other can be an opponent to ask Despite this reverse subjecting the witness for questioning. (1232 Law of the Eastern Churches laws).
Article 418 - Item 1: When asked witnesses of proof must remember the names of the Court and the locality of residence.
Item 2. exposure during the period specified by the judge points subjects to be to ask the witness about it, otherwise the applicant was left. (1233 Law of the Eastern Churches laws).
Article 419: the duty of the judge to put an end to the large number of excessive witnesses. (1234 Law of the Eastern Churches laws).
Article 420: the two rivals to each other knows the names of his witnesses before proceeding to interrogation, or if it can not, without great difficulty by the opinion of the judge is right, before the Declaration of certificates at least. (1235 Law of the Eastern Churches laws).
Article 421: Can deductible be asked to refund witness if he proves why my mind so by direct Bastntagah, in compliance with the law as laid down by 1231. (Law 1236 of the Eastern Churches laws).
Article 422: The witness evoke the decision of the judge shall be communicated to the witness according to law. (1237 Law of the Eastern Churches laws).
Article 423: If the witness invoked duly to obey or that the judge knows because of his absence. (1238 Law of the Eastern Churches laws).
3) in the questioning of witnesses
Article 424 - Item 1: must interrogate witnesses in court the center, what is the judge did not see it.
Item 2. bishops, who by virtue of their condition and enjoy the privilege of a similar, they are listening to them where they choose themselves.
Item 3 on the judge to rule in the place where it should be listening to those who because of distance, illness or any other impediment is impossible or difficult for them to come to the center court, in compliance with laws as laid down in 1071 and 1128. (Law 1239 Rules of the Eastern churches).
Article 425: foes, he can not attend the questioning of witnesses unless the judge felt that it could accept them, especially if it goes to a private interest. But they can attend and legal representatives or their lawyers, the judge did not consider it necessary to do so in secret, given the circumstances of things and people. (1240 Law of the Eastern Churches laws).
Article 426 - Item 1: must witness questioning each one individually and separately.
Item 2. If witnesses disagree among themselves or with one of the two rivals in a serious matter, a judge can be matched to each other, having just as much as possible the risk of quarrels and suspicion. (1241 Law of the Eastern Churches laws).
Article 427: The Balastntaq judge or commissioner or his interrogator, and should be attended by the Registrar, for this reason, if the interrogation was attended by rivals, or an agent of justice, they must expose these questions are not on the witness, but the judge or his representative to delivered is himself, what particular law unless stated otherwise. (1242 Law of the Eastern Churches laws).
Article 428 - Item 1: to alert the judge to witness the grave duty to tell the whole truth and the truth alone.
Item 2. to ask the judge from the witness oath according to the law in 1213, but if the witness refused to do so, without Felictma him right. (1243 Law of the Eastern Churches laws).
Article 429: to make sure the judge first of the identity of the witness, and then asking him about his relationship Bal_khasman, and when the witness gave to questions relating to the case he has to investigate the sources of his knowledge of the exact time when the witness knew him. (Law 1244 of the laws of the Eastern Churches).
Article 430: short questions not easy on the perception of the witness, is absorbing many things at one time, and not insidious fallacy, nor suggestive answer, and far from insulting anyone, and related to the case which rotates the prosecution. (1245 Law of the Eastern Churches laws).
Article 431 - Item 1: witnesses should not be seen the questions before interrogation.
Item 2. But if things were required for certification by the far from memory so that it can not permit them to confirm unless you first notified to mind, can the judge may call a witness to some of the things in advance if he considers that canned without risk. (1246 Law of the Eastern Churches laws).
Article 432: The lead witness testimony and tongue followed by written unless it came on and account numbers, in which case they can for us to review what they have brought with them a blogger. (1247 Law of the Eastern Churches laws).
Article 433 - Item 1: the writer to control off the answer in writing, and convey words of testimony in professionalism, at least as directly related to the subject of the trial.
Item 2 can accept the use of recorded sound machines, provided that the movement in the post answers in writing and signed by, who cast them. (1248 Law of the Eastern Churches laws).
Article 434: The writer in the work of the lawsuit was being sworn in, or exemption from, or refusal, and the presence of the two rivals and others, and questions added ex officio, and type in all the things that happen to mention freedom agreed time questioning witnesses. (1249 Law of the Eastern Churches laws).
Article 435 - Item 1: At the end of the interrogation should be recited on the witness what the writer of his answers without him, or allow him to listen to the recording answers If used machine registration, and authorized him to increase and deletion of reform and change.
Item 2. Finally, you must sign a record of the witness and the judge and the Registrar. (1250 Law of the Eastern Churches laws).
Article 436: can, when the discount request or ex officio, the witnesses for questioning called again, though they had questioned before, if the judge deems it necessary or useful, provided that this is done before announcing the business or certificates, and that fear of each risk complicity or bribe. (1251 Law of the Eastern Churches laws).
Article 437: witnesses must compensate, at the discretion of the judge is fair, from the expenses incurred and the profit that they lost the occasion to perform their testimony. (1252 Law of the Eastern Churches laws).
4) in trust certificates
Article 438: the judge must, in appreciation certificates, after a request for a book certificate, if the need called to consider:
1- What is the person's condition and the extent of his integrity (integrity)
2- Do testifies for personal knowledge, especially for eye or hearing, or based on the opinion of it, or on public opinion, or what he heard from others,
3- Does the witness is consistent and coherent in line with the firm itself, or is unsteady or incredulous or AC,
4- Finally Is there Auaqouna witnesses in his testimony or other elements substantiated or not. (1253 Law of the Eastern Churches laws).
Article 439: witness testimony of the individual can not generate a complete and reliable, but if a witness testifies official status matters Otaha standing his job, or if the circumstances suggested things and people otherwise. (1254 Law of the Eastern Churches laws).
D in expert
Article 440: Must recourse to law or whenever requested the judge sentenced them to scrutiny and are based on the art and science rules, so as to prove the accident or to know the truth about the nature of the thing. (1255 Law of the Eastern Churches laws).
Article 441: The right of a judge either to appoint experts after listening to the two rivals, or to the names that Iqtrhanha, and either accept that, when necessary, other experts made reports. (1256 Law of the Eastern Churches laws).
Article 442: Can Re experts or rejection of the same reasons that can answer for her witnesses or rejection. (1257 Law of the Eastern Churches laws).
Article 443 - Item 1: After the judge to verify in what may make him the litigants that determined by a decision from each of the points that must be going on the work of the expert.
Item 2. must be delivered to the expert work of the case and other documents and attachments that may be needed to carry out its mission.
Item 3. The judge after listening to the same expert to limit the time in which you must complete the examination and give a report. (1258 Law of the Eastern Churches laws).
Article 444 - Item 1: the experts to put each of them distinct from the others report, unless the judge's order put one report signed by all the experts, in which case you should carefully referred to the differences between the views if there is a difference.
Item 2. expert must be mentioned explicitly documents and other appropriate means, which made them better informed about the identity of the persons or things or places, and the way the plan, which they took to do the job entrusted to them, and what are the arguments that are based on it before other findings.
Item 3. Can the judge to call an expert to make a clarification as deemed necessary addition to the above. (1259 Law of the Eastern Churches laws).
Article 445 - Item 1: The judge must enjoy checking not only in the results of the experts, but they are compatible, but in the rest of the circumstances of the case as well.
Item 2. While the reasons for separation must be authorized substantiated by his experts to accept or reject the results. (1260 Law of the Eastern Churches laws).
Article 446: The judge determines their salaries and expenses of experts under the justice and fairness, while retaining as laid down by the private al-Shara. (1261 Law of the Eastern Churches laws).
Article 447 - Item 1: foes can appoint tutors experts that approved by the judge.
Item 2. can Al_khasusion experts, when they judge agreed, that scrutinize the acts of the proceedings, if necessary, and bring the work of court experts, and they can always put their own report. (1262 Law of the Eastern Churches laws).
E move in court and judicial preview
Article 448: If a judge saw to separate the issue, it is approved to move to somewhere or preview something, Fleihdd a decision setting out the short, after listening to the two rivals, things that should show in transition or in the judicial review. (1263 Law of the Eastern Churches laws).
Article 449: When moving conducted or judicial preview, Velinzm statement from them. (1264 Law of the Eastern Churches laws).
Article 450: The judge can, in order to reach a fair judgment, that evidence is not likely to be decided by the same law, to be so out of reality definite and certain directly related to the subject of the litigation. (1265 Law of the Eastern Churches laws).
Article 451: It was next to the presumption of the same law to get rid of the burden of establishing the evidence, it falls under this burden his opponent. (1266 Law of the Eastern Churches laws).
In emergency cases
Article 452: Located lawsuit emergency each time, after starting the judge in the case, a question of progressing, but were not explicitly included in the broad opening of the case, but it is linked to the case so often must be separated before the separation of the original issue. (1267 Law of the Eastern Churches laws).
Article 453: advancing emergency proceedings in front of the judge to separate the good in the original case, either in writing or orally, with reference to the relationship between it and the original case. (1268 Law of the Eastern Churches laws).
Article 454 - Item 1: The judge, having accepted the petition and listen to the two rivals, to be judged in the fastest possible time Is it an emergency issue displayed basis, and are related to the original case, or must be replayed from the beginning. If accepted, you are so serious that must be separated by virtue of a preliminary or decision.
Item 2. If a judge saw the failure to separate emergency case before the final judgment, Vliqrr to look at her after chapter in the original case. (1269 Law of the Eastern Churches laws).
Article 455 - Item 1: If the separation of emergency matter shall appoint, Felttba human rights laws summary trial, the judge did not see the other due to the seriousness of the matter.
Item 2. If the chapter had to be the decision, the Court can refer the matter to the interrogator or to the President. (1270 Law of the Eastern Churches laws).
Article 456: Before the original case is over, can the judge or the court to invalidate the decision or fit or introductory clause for some reason my mind, either a request or ex officio rivals, after listening to the two rivals. (1271 Law of the Eastern Churches laws).
(A) in the absence of rivals
Article 457 - Item 1: If you do not represent the defendant lotion, or did not provide an excuse Swabaa for his absence, or did not give an answer to the claim, according to the laid down 1190 law, item 1, Vlielnh Judge absent from the trial decision, but decides to go lawsuit with the care of what should be his care, until the final judgment and execution.
Item 2. Before issuing this decision, the judge has to prove, even invoking a new, if needed, to conjuring conducted according to the law has reached the defendant at the time useful. (1272 Law of the Eastern Churches laws).
Article 458 - Item 1: If you like the defendant in the post before the court or answered for the prosecution before disconnecting the lawsuit can make demands and evidence, with comply with laid down in 1283 the law, but a judge to warn that goes on trial for the bad faith of the notice to the other without necessity.
Item 2. defendant can challenge him to rule, even if they did or did not answer it represents for the prosecution before the separation of the case, and if it is to prevent the illegal obstacle and was unable to prove by all this without the guilt of it, he can go to a nullity complaint against rule. (1273 Law of the Eastern Churches laws).
Article 459: If the prosecutor did not attend the day and time specified for the transponders for the prosecution, or not any excuse for his absence my mind:
1- Felicthoudrh judge again,
2- If the plaintiff did not meet the new conjuring, it is likely that he abandoned the litigation in the rivalry,
3- If he wanted after that interfere in the trial, 1273. Fletba law (Law 1274 of the Eastern Churches laws).
Article 460 - Item 1: an opponent who is absent from the trial, showing no prohibitive Swabaa obliged to pay the litigation expenses caused by his absence, and also the performance of the compensation, if necessary, to the other discount.
Item 2. If both the plaintiff and the defendant absent from the trial, Zmanma to pay the full expenses of the litigation solidarity. (1275 Law of the Eastern Churches laws).
B - the intervention of a third person in the suit
Article 461 - Item 1: all of his affair in a suit can accept his intervention, in any degree of the trial, either as a rival to defend his own right, and either St. to help one of the two rivals.
Item 2. that in order to accept, he must, before the end of the achievement of the proceedings, to submit a petition to the judge shows where short right to intervene.
Item 3 of intervening in the suit must be taken in a situation where there is a case, and that he had a short and decisive deadline to cast Bouapnath If the case has reached a stage make evidence-based. (1276 Law of the Eastern Churches laws).
Article 462: If it appears that the intervention of a third person is necessary, the judge must then listen to the two rivals to call him to trial. (1277 Law of the Eastern Churches laws).
C in attempts rivalry List
Article 463: The attempt is an act, and rivalry list, Asthdth party against the other party or the judge against one or both, with damaging the party and disagreement, both in regard to the subject of the trial or judicial rights, what Shara did not accept the same of development. (1278 Law of the Eastern Churches laws).
Article 464: The attempt void by virtue of the same law, so must the judge revoked report. But the same law corrects if the issue did not show the front of a judge within a month from the date of announcement of the attempt. (1279 Law of the Eastern Churches laws).
Article 465: attempts matters must be adjudicated, in the fastest possible time, the judge of the original case, if you try a foot foes, but if the attempt introduced himself as the judge, Vtvsal the Court of Appeal. (1280 Law of the Eastern Churches laws).
In the Declaration of business, and closing the achievement lawsuit
And discussion in the lawsuit
Article 466 - Item 1: after obtaining the evidence, the judge must, under penalty of nullity, to authorize the decision of the two rivals and their lawyers to examine at the Registry of the Court on the work that did not know yet, and can lawyers be given upon request a copy of it, but in cases of interest to the common good, you can count the judge to avoid serious risks, decide not to show a business in front of any of the people, to take care of that with the right of defense always remains is deficient.
Item 2. In order to complete the evidence can make with other rivals in front of a judge, and when they were collected, there is room again, if the judge deems it necessary, the decision provided for in item 1. (Law 1281 of the laws of the Eastern Churches).
Article 467 - Item 1: must be after the completion of all aspects to make clear proofs that they can be to "achieve the conclusion of the case."
Item 2. this conclusion each time foes answer the question the judge that he had not left them something else cast their doing, or spend time useful, appointed by the judge to give evidence-based, or the judge declares that he considered that the case has achieved sufficiency.
Item 3. The judge may issue a decision occurrence of the conclusion of the lawsuit achieve whatever happened. (1282 Law of the Eastern Churches laws).
Article 468 - Item 1: After the conclusion of the investigation that the judge can call witnesses themselves or other witnesses, or decide with evidence did not ask before, only:
1- in cases that do not relate only okay your foes, if agreed, all opponents,
2- in the other suits, after listening to the two rivals, provided a serious obligation of having and after the removal of any risk of fraud or deception,
3- in both cases shows that the provision in the future would be unjust for the reasons set out in the 1326 law, item 2.1 to 3, if new evidence was not accepted.
Item 2. But the judge can order or accept that showed support perhaps impossible formulated by without the guilt of those whom it may concern.
Item 3. To publish new evidence in compliance with the law in 1281, Item 1. (1283 Law of the Eastern Churches laws).
Article 469: When sealing the investigation of the case the judge Vliein sufficient period of time to express their defenders or notes. (1284 Law of the Eastern Churches laws).
Article 470 - Item 1: must be submitted defenders and observations in writing, unless the judge decides, with the consent of the two rivals, staging oral sufficiency before the court.
Item 2. that had to be printed defenders and key documents, you must previously obtain permission judge with the maintenance of the duty to maintain the secret, if any such duty.
Item 3. to follow the court rules in regards to the length of the defenders and the number of copies and the like of the other additional things. (1285 Law of the Eastern Churches laws).
Article 471 - Item 1: After the exchange regulations defenses and observations between the two rivals, each Vlaazn show that his answers in a short period set by the judge.
Item 2. This is not right for rivals once, unless the judge be given a second for a serious reason, and in this case is the right one, which are given to the two rivals also given to another.
Item 3. agent of justice and attorney for the bond have the right to IrDA again on Mjaobac rivals. (1286 Law of the Eastern Churches laws).
Article 472 - Item 1: It is strictly forbidden to stay out of the business case information given to the judge or lawyers foes or even other people.
Item 2. If you are pleading a case in writing, the judge can decide that moderate oral debate take place before the court in order to clarify some of the issues. (1287 Law of the Eastern Churches laws).
Article 473: to attend the registrar discussion oral enshrined in law in 1285 Item 1, and the law in 1287 Item 2, so he can be recorded immediately in writing, if the judge or the request of one of the two rivals is, before the judge, the debate taking place in it and what is inferred. (1288 Law of the Eastern Churches laws).
Article 474: If omitted foes be requested to prepare their defense in time for them, or a ladder ordered them to the attention of the judge and honorable, it can be the judge, if he deems, based on the business and evidence, that the case has been scrutinized in all its aspects, the verdict on immediately, but after a request from the agent of justice and attorney for the bond if their remarks were present at the trial. (1289 Law of the Eastern Churches laws).
Article 475: After treating the case by the prosecution, the judge separated by a final judgment if the original suit, and by virtue of a preliminary, if the case of emergency, with the maintenance of law 1269, Item 1. (1290 Law of the Eastern Churches laws).
Article 476 - Item 1: In order for the judge pronounces a judgment was requires to be in the same literary sure in what must be separated by virtue.
Item 2. must judge quotes this uncertainty of work (the lawsuit) and Banadtha.
Item 3. The evidence must be appreciated by the judge according to his conscience, what you draw with the maintenance of the laws in force of some evidence.
Item 4. The judge, if he could not come up with this certainty, that the ruling that the right of the plaintiff is not fixed, but distracted defendant Mbroua, but if it came to a lawsuit enjoy under the auspices of the law. In this case must be judged on its side . (1291 Law of the Eastern Churches laws).
Article 477 - Item 1: Assembly in court, to be appointed president of the court day and hour in which the judges will meet to study, but not meeting the same center court, which did not call for that reason is a tutor. Attend a non-judge Assembly can not.
Item 2. to come every judge on the designated day of the meeting, in writing and without mentioning his name, the results amounted to in the basis of the lawsuit and in the reasons in terms of the law, and in fact, reached out to those results, and those results include a business suit with pointing to its authenticity, and signed by all the judges, are kept secret, with the maintenance item 4.
Item 3. After that every one of the judges read out the results in order of progress on the system, but a condition that always begins the decision of the case, it should be discussed under the head of the court administration, especially in order to decide what to put in paragraph wisdom of the rule.
Item 4. But may each and every one in the debate that is due on the first results, but if a judge's refusal to accede to the decision of others, he can count to ask, if there is a resumption, to lift all judges results, without mentioning names, to the Supreme Court .
Item 5. If the judges did not want or could not, in the first debate, to come to the rule, you can decide to postpone a new meeting and no later than week postponement, unless it shall complete the achievement of the lawsuit, according to the law laid down by 1283. (Law 1292 of the Eastern churches laws).
Article 478 - Item 1: If a judge is an individual, it is regulated by the same rule.
Item 2. Assembly in the court judgment should be organized taking reasoning which brought him every judge in the debate, if only select judges themselves what needs to be majority of its revenue reasoning, hurt must be subject to the approval of each referee judges.
Item 3. must not be delayed judgment issued more than a month is calculated starting from the day on which it is separated lawsuit, unless decided by the judges in the court of the Assembly for a longer time for a serious reason. (1293 Law of the Eastern Churches laws).
Article 479: the verdict:
1- to separate antagonism with the court and give appropriate all doubt an answer or point of rivalry points,
that determines the duties that arise on the foes of the trial and how to jurisdiction,
3- to offer reasons, ie, what is said to him the merits, in terms of law and in fact, the underlying wisdom paragraph of the judgment,
to decide the lawsuit expenses. (1294 Law of the Eastern Churches laws).
Article 480 - Item 1: the referee, after mentioning the name of God, said it takes civil Shara that it shall, to mention on the order of is the judge or the court, and who is the plaintiff and the defendant and the agent, appointed them as assets in their names and places of residence, and Undersecretary of Justice and the attorney for the bond if they have optimized in the trial.
Item 2 should state briefly after that the demands of the two rivals and a formula insecurities.
Item 3. to keep track of these things, paragraph wisdom of the government, led by the reasons which they are based.
Item 4. concludes by mentioning the day and place as written in them signing the judge or judges, all of them, if the Court Society, and the signing of the Registrar. (1295 Law of the Eastern Churches laws).
Article 481: Specific rules for the issuance of a final rule also apply to the preliminary ruling with an amendment should be modified. (1296 Law of the Eastern Churches laws).
Article 482: Should the referee announce as soon as possible to determine how long that can in which to appeal the ruling, nor the power to rule by the announcement, even though the judge permission media rivals paragraph wisdom of it. (1297 Law of the Eastern Churches laws).
Article 483: This can be either the verdict was announced to hand over a copy of it to the foes or to proxies, or by sending that copy them and 1192. According to the law (Law 1298 of the laws of the Eastern Churches).
Article 484 - Item 1: If you signed the text of the judgment misplacing accounts, or a material error in paragraph copied the wisdom of the government or to reflect the facts or the demands of the two rivals, or omitted things required by the 1295 law, Section 4, must be on the court appointed that sentence issued to correct the error or supplement either request debit or ex officio, that is always done after listening to the two rivals and the decision to write down at the bottom of the judgment.
Item 2. If a blocker rivals, the decision to separate the emergency issue. (1299 Law of the Eastern Churches laws).
Article 485: All the words of the judge, except government, is said to have decisions, and if you were not just procedural has no power unless albeit briefly express the merits or refer to the reasoning expressed in another job. (1300 Law of the Eastern Churches laws).
Article 486: Pre-judgment or the decision to force a final judgment if the trial were stopped or situation is an end to the trial or to the degree of which, with respect to at least part of the lawsuit. (1301 Law of the Eastern Churches laws).
To appeal against the judgment
A complaint of nullity against the judgment
Article 487: nullity of judicial acts recognized by law, which was not announced by the referee, but was known to the team to make a complaint of nullity, it has been corrected in the same sentence, if the case took place on matters of interest to private interest, in compliance with Baleghanonin 1303 and 1304. (1302 law of the Eastern churches laws).
Article 488 - Item 1: judgment be tainted Bashaibh nullity stainless correction:
1- released when a judge is not an absolute validity,
2- released when a judge does not have the authority to spend in court which dismissed the lawsuit,
3- when the judge issued a ruling under the pressure of coercion or extreme fear,
4- How long trial took place without the prescribed judicial demand in the 1104 law, item 2, or have not taken against the defendant,
5. When given among rivals not to at least one personal litigation,
6- If a job on behalf of others without power of attorney,
7. If denied the right of defense on a two foes,
8. If you do not separate the rivalry, even in part.
Item 2. In these cases objection can make a complaint of nullity forever. But a lawsuit could make it before the judge who issued the sentence within ten years from the day the verdict was announced. (1303 Law of the Eastern Churches laws).
Article 489 - Item 1: judgment be tainted Bashaibh nullity stainless correction:
1- When was the number of judges who they issued contrary to Islam as determined by the 1084 law,
2- when devoid of the motives or reasons for dismissal,
3- When devoid of signatures required by law,
4- When devoid of reference to the place or the year or the month or the day on which it was made,
5. When the work was based on a judicial void has not been corrected, according to the law laid down in 1302,
6- when issued against absent discount legitimately absent according to the law in 1273, Item 2.
Item 2. In these cases can make a complaint of nullity within three months from the day the verdict was announced. (1304 Law of the Eastern Churches laws).
Article 490: consider a complaint of nullity judge who issued the ruling, but if an opponent feared that this judge be biased, so calculated by the suspect, he can require that replaced him another judge, according to the law laid down by 1108. (1305 Law of the Eastern Churches laws ).
Article 491: Complaint of nullity can be cast with the appeal at the same time during the term of appeal. (1306 Law of the Eastern Churches laws).
Article 492 - Item 1: You can make a complaint of nullity is not only foes who counted themselves were eminent as a result of a judgment, but also the agent of justice and attorney for the bond whenever you are right to intervene.
Item 2. The judge himself can ex officio to pull a ruling issued void or modify it, and during the work period specified in the 1302 law, item 2, Act 1304, Section 2, unless raised in this period, with the resumption of a complaint of nullity. (1307 Law of the Eastern Churches laws).
Article 493: nullity complaint claims can be processed in accordance with the laws of human rights trial brief. (1308 Law of the Eastern Churches laws).
Article 494: deductible which calculates himself revered as a result of the rule, as well as the agent of justice and attorney for the bond in cases which necessitated the attending them, the right to appeal the sentence to a higher judge, with comply with laid down by 1310. Law (1309 Law of the Eastern Churches laws ).
Article 495: no place to resume:
1- ink Roman rule itself, or the Court of the Apostolic Signature,
2- unblemished rule Bashaibh nullity, unless it includes a nullity complaint, according to the law laid down by 1306.
3- rule has become a court case,
4- judge's decision or the preliminary ruling, which has no power of final judgment, unless it is joined to the resumption of the final verdict,
5- judgment or decision in a lawsuit law requires separated in the fastest possible time. (1310 Law of the Eastern Churches laws).
Article 496: We must raise the appeal to the judge who issued the ruling, during the crucial period of fifteen days useful is calculated starting from the reporting rule. (Law 1311- Item 1 of the Eastern Churches laws).
Article 497: Can not authorized to appeal to the authorized him, but to his direct supervisor, unless the Commissioner of the Holy See itself. (1312 Law of the Eastern Churches laws).
Article 498: If there is a question regarding the right of appeal, the Court of Appeal Feltvsal it in the fastest possible time, according to the laws of human rights trial brief. (1313 Law of the Eastern Churches laws).
Article 499 must be prosecuted to appeal to the judge to the appellant within one month of submission, unless the judge had appointed him to the appellant deductible longer to pursue him. (1314 Law of the Eastern Churches laws).
Article 500 - Item 1: to prosecute the appeal requires enough that seeks help from an opponent to spend top judge to modify the impugned judgment, we compare his request a copy of this judgment and pointing out the grounds for appeal.
Item 2. In the meantime, should the judge who issued the decision to the Supreme Court delivers a copy of the certified business by the Registrar, although the business written in the language of Ottaghlha Court of Appeal, it shall be translated into another language understood by that court, with the validation of the secretariat of the Translation. (1315 Law of the Eastern Churches laws).
Article 501: If ever Alojlan appointed on an appeal in vain to whether the appellant judge him or the appellant the judge to consider the appeal was left. (1316 Law of the Eastern Churches laws).
Article 502 -
Item 1: can the appellant to give up his appeal with the results set forth in the Law 1206.
Item 2. If you file the appeal bond lawyer or agent of justice, could give him a lawyer for the bond or an agent of justice in the Court of Appeal, the General Shara unless stated otherwise. (1317 Law of the Eastern Churches laws).
Article 503 - Item 1: bump up the appeal of the Prosecutor stating the defendant and vice versa.
if the plaintiffs or defendants many, and it was only one of them is challenging the rule, or be challenged in the judgment against him, is calculated to appeal issued from everyone and directed against everyone, whenever desired thing and one parcel, or was commitment commitment to solidarity.
Item 3. If one of the two rivals resumed the point of the rule, the other can be an opponent if he had passed Alojlan appointed on an appeal, to appeal a lawsuit emergency other points during the decisive lasts for fifteen days counted from the day of notification the original appeal.
Item 4 is likely to raise the appeal against all points of judgment, unless it is proved otherwise. (1318 Law of the Eastern Churches laws).
Article 504: Appeal to stop the execution. (1319 Law of the Eastern Churches laws).
Article 505 - Item 1: in compliance with the law as laid down in 1369, can not accept a new requirement in the degree of appeal, not even for annexation useful, but this can not spin transponders for prosecution only on the support of the first sentence or the whole or part repaired .
Item 2. But it can accept new evidence only in accordance with the law laid down by 1283. (Law 1320 of the laws of the Eastern Churches).
Article 506: the degree of appeal must go trial Al way appointed by going out in the first class of the trial, and applied some of which can be applied, it must go to discuss the case and the verdict immediately after the transponders for the prosecution, unless it shall complete the evidence . (1321 Law of the Eastern Churches laws).
In the case, the Court re-trial and non-objection
In case the court
507: 1324 in compliance with the law, the court gets the case:
1- If issued judgments are identical between the two rivals themselves, and their themes were the same demand and Artkza the same reason,
2- If you do not raise the appeal within a useful period,
3- If you stop in the degree of Appeals transponders for prosecution or been abandoned,
4- If a final judgment has no place to appeal. (1322 Law of the Eastern Churches laws).
Article 508 - Item 1: issue the court is legally fixed so they can not be challenged, but a complaint of nullity or a retrial or non-objection.
Item 2. case, the court shall be the law between the two rivals, and produces such a case where the rule, pay the court case, the judge can declare ex officio that it prevents the opening of the case the same again. (Law 1323 of the laws of the Eastern Churches).
Article 509: never becomes a judgment in a court case that suits spin on the situation of persons without separation of the couple claims exception. (1324 Law of the Eastern Churches laws).
Article 510 - Item 1: If it is rendered judgments in a case identical spin on the situation of persons, can raise the case to the Court of Appeal at any time if made with evidence or serious new evidence during the critical period that lasts thirty days from the filing of the appeal, and Court of appeal, within one month of express evidence and proof, that the decision to determine Do you accept the new provision of the suit or not.
Item 2. Appeal to the Supreme Court for submission of a new lawsuit does not stop the execution of the judgment, unless otherwise provided by the public or Shara Court of Appeal ordered the arrest of implementation, according to the law laid down in 1337, item 3. (1325 Act Coll. Eastern churches).
B - In a retrial
Article 511 - Item 1: get a retrial to counter the rule became a court case, the requirement to prove that the case is attested apparent violation of the Court of Justice.
Item 2. But is not a violation of justice fixed attested apparent, however:
1- If the judgment was based on the evidence found in the post false, so do not prove without her wisdom paragraph of the judgment,
2- If later discovered documents proving attested categorically new realities require new provision,
3- If the judgment is issued at a discount because of the harmful cheats the other opponent,
4- If omitted omission clear that laid down the law that was not merely a procedural law,
5. If the judgment is contradicted an earlier became a court case. (1326 Law of the Eastern Churches laws).
Article 512 - Item 1: request a retrial for the reasons mentioned in the 1326 law, item 2.1 to 3 of the judge who issued the verdict within three months from the day to know these reasons.
Item 2. request a retrial for the reasons mentioned in the 1326 law, item 2.4 to 5 of the Court of Appeal within three months of a communication rule, but in the case provided for in the law in 1326, Section 2.5, if the delay in announcing the decision previously, duration calculated from that declaration.
Item 3. deadlines mentioned above does not expire as long as the opponent who caused the damage minor. (1327 Law of the Eastern Churches laws).
Article 513 - Item 1: request a retrial stop the execution of the judgment if it has not commenced after.
Item 2. But if suspected of preponderant evidence that the intended application is to postpone the execution, the judge could decide to enforce the sentence, but after the imposition ensure adequate student retrial even compensate if the result of repetition beside him. (1328 Law of the Eastern Churches laws).
Article 514: If granted a retrial, the judge shall be judged at the basis of the lawsuit. (1329 Law of the Eastern Churches laws).
(C) in the non-objection
Article 515: fear of harm to his or her rights as a result of final judgment is issued and can be ordered its implementation, it can be challenged in the same sentence before its implementation. (1330 Law of the Eastern Churches laws).
Article 516 - Item 1: You can make the interception of others either request reconsideration of the sentence to the court that issued, or refer the matter to the Court of Appeal.
Item 2. If before ordering farewell objector in the degree of appeal, he must abide by laws designed to appeal, and needless if the court that rendered the judgment Felttba rules set for the provision of emergency cases. (1331 Law of the Eastern Churches laws).
Article 517 - Item 1: The objector must, in any case to prove that his right unfairly already done, or is likely that Sajehv it.
Item 2. But the prejudice should be caused by the same rule, so that the same rule be caused by prejudice, or if sent to the execution Palmaatard inflicted great damage. (1332 Law of the Eastern Churches laws).
Article 518: If the objector right the court shall sentence modified by the objector, according to the request. (1333 Law of the Eastern Churches laws).
Section atheist ten
In legal aid and legal costs
Article 519: the poor the right to legal aid if they can not fully afford the legal expenses, and helpless only partially right reduced. (1334 Law of the Eastern Churches laws).
Article 520: The court laws should specify rules on:
1- judicial expenses that must be paid on rivals or compensate them,
2- salaries of agents, lawyers, experts and translators and compensation witnesses,
3- to grant legal aid or reduce expenses,
4- compensation of damages, which must be not only on the losing party, but also on those who filed thoughtless.
money that should advance or guarantee must be secured to pay for expenses or compensation of damages filed. (1335 Law of the Eastern Churches laws).
Article 521: Do not shop because resume separately judgment expenses, salaries and compensation of damage, but it can be nasty turn in within fifteen days to the same judge, and that he could reconsider the amount of the award. (1336 Law of the Eastern Churches laws).
In the execution of the judgment
Article 522 - Item 1: Can implementation of the judgment, which has become a court case.
Item 2. Can the judge who issued the ruling, and if they are resuming can also appeal judge, to order the temporary implementation of that sentence shall not insist after the court case, either ex officio or on the request of the opponent, after taking appropriate safeguards, if necessary, If in respect of masterminding required by the necessities of living, or for some other reason just and salt.
Item 3. If stabbed in power who did not insist after the court case, the judge who must consider the appeal, if you guessed that there is a basis for an appeal and that irreparable damage may result from the implementation, can either stop the same force and either that carries a guarantee. (1337 Law of the Eastern Churches laws).
Article 523: You can not be a place of execution before getting the judge on an executive decision Aamr it should be enforced the same provision, must, according to the different nature of the proceedings, either the inclusion of this resolution in the body of the same judgment, either issued separately. (1338 Law of the Eastern Churches laws).
Article 524: If necessary, execution of the judgment to be preceded by an Accountancy, Vlienbar a matter of emergency must be separated by the same judge who issued the ruling to be implemented. (1339 Law of the Eastern Churches laws).
Article 525 - Section 1: All claims that are not excluded by Shara could be litigation in which the human rights trial brief, unless one of the two rivals asked human rights trial familiar.
Item 2. If you use the human rights outlined in the trial proceedings excluded by Shara all judicial work be void. (1343 Law of the Eastern Churches laws).
Article 526 - Item 1: must be in a wide open proceedings, as well as the points mentioned in the 1187 law:
1- to show the type of short and full and obvious facts on which the Prosecutor requests,
to supply evidence that the prosecutor wants to establish the facts, and that can not be delivered at once, so that the judge of the collected immediately.
Item 2. documents upon which the application must be accompanied by a petition to open the proceedings, at least a copy of the original dish. (1344 Law of the Eastern Churches laws).
Article 527 - Item 1: If you do not find it useful to try reconciliation as portrayed by 1103 Act Section 2, shall be the judge, if he deems that the petition to open proceedings based on any basis, to order within three days of its decision to underwrite the same demand that a immediately the defendant a copy of the request, and given the right to be filed his answer linear Registry within fifteen days.
Item 2. Report of the same results that evoke the judicial 1194. stipulated in the law (Law 1345 of the laws of the Eastern Churches).
Article 528: If so required arguments of the defendant, the judge has to determine the term of the prosecutor to answer it so clear has the subject of the litigation of the points made by both rivals. (1346 Law of the Eastern Churches laws).
Article 529 - Item 1: Too term assigned to Answer, stipulated in the 1345 law, Item 1. Law 1346, the judge must, after checking in the business to determine the image insecurities, and then Felicthoudr both, he must come to the hearing held no later than thirty days, adding to evoke the image insecurities rivals.
Item 2. must in conjuring Report foes they Asttien to demonstrate to the Court, at least three days before the hearing, a written summary of their demands prove it. (1347 Law of the Eastern Churches laws).
Article 530: to address in the first session of the issues stipulated in the laws in 1118 and 1119.1121, 1122. (1348 Law of the Eastern Churches laws).
Article 531 - Item 1: evidence gathered at the meeting, in compliance with the law 1071.
Item 2. opponent and his lawyer could attend the questioning of the other opponent, witnesses and experts. (1349 Law of the Eastern Churches laws).
Article 532: Answers rivals, witnesses, experts and lawyers defenses must be registered notation made in writing, but in summary, however limited to those relating to the substance of the disputed issue, and we must Aoukaoha themselves. (1350 Law of the Eastern Churches laws).
Article 533: the evidence is not provided in the request or ask for an answer, the judge can accept only in accordance with the laid down 1110 law, but after hearing one witness, the judge can decide new evidence only in accordance with the laid down by 1283. Law (Law 1351 of the Eastern churches laws).
Article 534: If you can not be at the meeting to collect all evidence Feltaan another hearing. (1352 Law of the Eastern Churches laws).
Article 535: After collecting evidence so they can be in the same session of the oral discussion. (1353 Law of the Eastern Churches laws).
Article 536. Item 1: After the end of the hearing, the judge to rule immediately in the suit, but it appears from the discussion that you must add a bit to the achievement of the proceedings, or if there is something else prevents the verdict by Shara laws.
Item 2. But it can, the Court of the difficulty of the case, or for another reason my mind, to postpone judgment until five days useful.
Item 3. foes to reach full text of the judgment with the merits as soon as possible, and the type of unusual in a period not exceeding fifteen days. (1354 Law of the Eastern Churches laws).
Article 537: If the Appeals Court that the human rights trial brief has been in the slightest degree of trial in a lawsuit excludes Shara, it shall be declared null and void and the judgment delivered the case to the trial court. (1355 Law of the Eastern Churches laws).
Article 538: in other matters relating to the conduct of the trial, as laid down Fletba Shara trial rights familiar. However, the Court can not, the reasons for the decision unjustified, contrary to management trial Affairs rules, which are not required for Sharaa health governance, in order to expedite the matter, with the maintenance of justice. (1356 Law of the Eastern Churches laws).
In some special cases
In Marital suits
In lawsuits currently annulment
valid in court
Article 539: Marital suits between the baptized come back to the church under a special right. (1357 Law of the Eastern Churches laws).
Article 540: lawsuits that take place on the effects of civil marriages pure, if established in the original lawsuit, dating back to the civil governor. If held in a lawsuit emergency Accordingly, the judge canon could also be considered private and separated his authority, taking into account personal circumstances where it operates. (1358 Law of the Eastern Churches laws).
Article 541: the annulment of marriage is saved to the Holy See claims, the court is valid:
1- Court of the place where the marriage contract,
2- court of the place where the defendant's residence or the semi-dwelling,
3- Court of the place where the plaintiff dwelling, provided that the foes of residents in one country, and to listen to the defendant judicial Deputy place home and agrees that,
4- Court of the place where it should, in fact most of the evidence collection, provided that listens to the defendant judicial MP for his dwelling place and agree. (1359 Law of the Eastern Churches laws).
B complaint against the marriage
Article 542: they are the people of complaint marriages:
2- Undersecretary of Justice, if the common is nullity could not be useful or correct marriage. (1360 Law of the Eastern Churches laws).
Article 543 - Item 1: marriage, which did not doubt the couple's life can not be grumbling after the death of one or both, what his health were not a preliminary question to resolve another dispute shall be equal before the ecclesiastical court or in front of a civil court.
Item 2. If a spouse died and the case list, they must abide by the law 1199 (1361 Law of the Eastern Churches laws).
(C) in the duties of the judge and the court
Article 544: The judge, before accepting the case, and whenever he sees hope for his bid successfully, to resort to the means of pastoral care for the couple holds, if possible, to correct their marriage and restore conjugal life company. (1362 Law of the Eastern Churches laws).
Article 545 - Item 1: How long has accepted a petition to open the proceedings, or the president is scheduled to take the initiative to Report decision conjuring according to the law laid down by 1191.
Item 2. After a timeout fifteen days after the notification, the President or planned to determine ex officio within ten days image insecurities or uncertainties inform him of the decision to the two rivals, unless one of the two rivals asked a meeting of the transponders for the prosecution.
Item 3. image insecurities not only looking at the evidence of the invalidity of the marriage in this case, but also to determine the point or points under which the appeal is the validity of the marriage.
Item 4. Ten days after notifying the decision on, or Fleihdd judge scheduled a new resolution to achieve the lawsuit, if the two rivals did not express any objections. (1363 Law of the Eastern Churches laws).
(D) the evidence
Article 546 -
Item 1: The lawyer for the bond, and lawyers of the two rivals, and Undersecretary of Justice, too, if intervention in the trial, the right to:
1- attend interrogation rivals, witnesses and experts, with the maintenance of the law in 1240,
2- Business preview of the judiciary were not even announced yet, and consideration of the documents made by rivals.
Item 2. foes can not attend the interrogation set forth in item 1.1. (1364 Law of the Eastern Churches laws).
Article 547: The judge, in the incorrigible foes statements set forth in Item 2 1217 law, to seek and, if possible, to the credibility of the witnesses themselves rivals, along with signs and other means, what full evidence was not considered from another source. (1365 Law of the Eastern Churches laws).
Article 548: Deficits in lawsuits or loss of satisfaction because of mental illness, the judge assisted by one expert or several experts, unless clearly shows the way that was not feasible, and in other cases must abide by the law 1255 (Law 1366 of a group Eastern churches laws).
Article 549: If you grew up in a lawsuit by achieving strong suspicion is likely likely not to marry is complete, the court may consent of the two rivals arrest annulment suit and pursue the lawsuit for marriage pinned incomplete dissolution. To send business to the Holy See with a request for dissolution of marriage filed by one or both spouses and with the Court's opinion and the diocesan bishop. (1367 Law of the Eastern Churches laws).
E - governance and appeal
Article 550 - Item 1: judgment which declared the invalidity of the first marriage, and appeals, if any, and other judicial acts must be sent together ex officio to the Court of Appeal within twenty days of the Report of governance.
Item 2. If sentenced primitive nullity of marriage, the Court of Appeal, after listening to the observations of the lawyer for the bond and the observations of the two rivals also if any, to either prove that the referee's decision without delay them or accept the case for a new examination in the second grade of the trial. (1368 Law of the Eastern Churches laws).
If made in the degree of appeal for a new general contraindicated, it can be accepted by the court and control it as in the first instance trial. (1369 Law of the Eastern Churches laws).
Article 551 -
Item 1: When proved appellate court decision or by virtue of a second judgment which declared the invalidity of the first marriage, the right of those who declared their marriage void to celebrate the marriage of a new off after notifying them of the decision or the second sentence, unless they ban this text is linked to the same governance or decision or a decision issued by the local canon president.
Item 2. 1325 must follow the law, even if the judgment which declared the invalidity of the marriage did not last, but the rule is evidenced by the decision. (1370 Law of the Eastern Churches laws).
Article 552: Immediately after the execution of the judgment, the judicial MP should know that the president local canon, where the marriage contract, and on this canon president that means that the record as soon as possible in marriage and baptism records declaration of nullity of marriage and may decide prohibitions. (1371 Law of the Eastern Churches laws).
(F) in cases related to a defect in the documents
Article 553 -
Item 1: When proven document firm does not accept the objection or the payment of anti invalidates or flaw in the formula imposed by al-Shara to celebrate the marriage, which, with certainty and a similar afternoon he did not give such inhibitions, or as well as proven the existence of a defect taint health agency agent , judicial attorney or judge appointed by him can be ignored court decrees familiar and evokes rivals and decide with the intervention of a lawyer for the nullity of the marriage bond.
Item 2. If it came to those he should follow the marriage formula imposed by Shara that, and instead, like the marriage before a civil governor or non-Catholic Custodian, The investigation that precedes marriage and enshrined in law 784 is enough to prove his case for free. (Law 1372 of the laws of the Eastern Churches).
Article 554 - Item 1: The lawyer for the bond, if you saw the perspicacity to defects or non Altvchrist is not definite, that the provision in the law in 1372 to resume item 1, to the magistrate court of second instance, and you must send business case to the judge and alerts the writing that is the subject of a lawsuit defect in the documents.
Item 2. opponent who considers himself remains revered him the right to appeal in full. (1373 Law of the Eastern Churches laws).
Article 555: a second-class magistrate, with the intervention of a lawyer for the bond and after listening to the two rivals, decide to do I have the support of the judgment or should rather proceeding with the case according to the legal familiar way, and in this case brings the case to the Court primitive. (1374 Law of the Eastern Churches laws).
(G) general rules
Article 556: Declaration of nullity of marriage lawsuits can not be dealt with human rights trial brief. (1375 Law of the Eastern Churches laws).
Article 557: In all other matters relating to the conduct of the proceedings, trials Felttbak laws in general and laws of human rights trial familiar, what did not prevent the nature of the case, to follow the special proceedings that concern the public interest rules. (1376 Law of the Eastern Churches laws).
Article 558: In the judgment must be alert foes on moral obligations or even civil that may ensue towards each other and towards their children in respect of dependents and their upbringing. (1377 Law of the Eastern Churches laws).
In the separation of the couple claims
Article 559 - Item 1: the separation of the couple could be his personal decision of the diocesan bishop or the judgment of the judge, what Shara has not otherwise provided for some special places.
Item 2. The terms of the resolution does not entail civilian canon or if the results show that the pre-civil rule does not contradict the divine judgment, he can count the diocesan bishop, where the residence of the couple that allow them to appear as a private in a civilian court to the circumstances.
Item 3 as well as the merits of the case if it were limited to the results of the civil marriage, the judge can determine is it enough, with the permission of the diocesan bishop, referred to the case from beginning to civil court. (1378 Law of the Eastern Churches laws).
Article 560 - Item 1: must resort to human rights trial brief, unless one of the two rivals asked human rights trial familiar.
Item 2. If you are a human rights trial brief and filing an appeal, the court of second instance after listening to the two rivals to take a decision either judgment prove it on the spot, and either accept the case to an ordinary examination in the second division. (Law 1379 of the laws of the Eastern Churches).
Article 561: In what respect the authority of the Court, must abide by the law in 1309, items 2, 3. (1380 Law of the Eastern Churches laws).
Article 562: The judge, before accepting the case, and whenever he sees hope for his bid successfully, to resort to the means of pastoral care for the couple reconciles and Ihamlhma re-married life company. (1381 Law of the Eastern Churches laws).
Article 563: In cases concerning Pavtrac couple must intervene and Undersecretary of Justice, according to the law laid down by 1097. (Law 1382 of the Eastern Churches laws).
In the case of the weighting of the death of one spouse
Article 564. Item 1. Whenever it impossible to prove the death of a spouse or civil ecclesiastical document original, does not consider the other spouse is dissolved from Rabat doubles only after permission tipping death cast by the diocesan bishop.
Item 2. diocesan bishop can not make that remark, but after doing Ptgosaiat appropriate and after arriving as a result of witness testimony or statements or evidence to believe a literary death of the husband. The mere absence of the husband, even though long, is not enough.
Item 3. In cases uncertain and complex, the diocesan bishop who exercises his authority within the limits of the scope of the patriarchal church to consult the patriarch, and on the other diocesan bishops should consult with the Holy See.
Item 4. lawsuit tipping the death of a spouse requires intervention Undersecretary of Justice, it does not require intervention of a lawyer for the bond. (1383 Law of the Eastern Churches laws).
In the way of action for dissolution of marriage or incomplete
Dissolution of marriage for the sake of faith
Article 565: For the incomplete dissolution of marriage or dissolution of marriage for the sake of the faith must adhere to special rules established by the Holy See. (1384 Law of the Eastern Churches laws).
1 - 5
Chapter II: the people peek
6 - 26
Chapter III: Part I: In the sermon
27 - 37
Part II: in marriage and its provisions and its obligations, health and annulment and dissolution and disintegration of ties
Part III: in financial matters and the device
39 - 45
Chapter IV: In the sonship and the legitimacy of the boys and their effects
46 - 65
Chapter V: in adoptions
66 - 86
Chapter VI: in the parental authority and custody of children until they reach adulthood
87 - 106
Chapter VII: alimony
Part I: expenses peek
107 - 120
Part II: In the alimony between spouses
121 - 133
Part III: alimony between assets and branches
134 - 145
Chapter VIII: to compensation when the nullity of the marriage and its dissolution
146 - 149
Chapter IX: in custody
150 - 172
Chapter X: inheritance and wills
Part I: General provisions
173 - 182
Part II: In the edit inheritance in the event of a minor are not among the heirs
183 - 189
Part III: the commandment
190 - 201
Part IV: In the legacies clergy, monks and nuns
202 - 213
Chapter ten atheist: At the time church funds
Part I: On the right of the church at the time the funds have
214 - 221
Part II: In endowments
222 - 226
In the establishment of the moratorium and governance toward their health standing
227 - 234
In endowment management
235 - 237
Appointment and dismissal and resignation
239 - 245
246 - 250
251 - 261
To replace the moratorium and modify
262 - 266
Chapter XII: in the holy places
267 - 270
Chapter XIII: in cases related to religious beliefs and disputes clergy
271 - 276
277 - 282
In the face of trials in
Chapter One: In good
284 - 304
Chapter II: In the court staff
Section I: Judicial Attorney, judges and interrogators
305 - 312
Section II: the agent of justice and attorney for the bond and the Registrar
313 - 320
Section III: In the court staff who have been selected from several parishes or several special right of churches
Chapter III: In the duties of judges and other court personnel
322 - 334
Chapter IV: In order to consider the suits
335 - 341
Chapter V: In maturities trial and Mhlha and place
342 - 346
Chapter VI: the persons to be admitted to the courtroom and in the way the organization of work the case and save.
347 - 351
Chapter VII: the plaintiff and the defendant
352 - 354
Chapter VIII: the agents in discounts and lawyers
355 - 364
Chapter IX: in suits and defenses
365 - 372
In human rights trial
Chapter One: the human rights trial familiar
Section I: in a wide open case
373 - 376
Section II: in conjuring and communicate legal business or notified
377 - 380
Section III: In the transponders for the prosecution
381 - 383
Section IV: interruption in the litigation in the rivalry and falling and abandoned
384 - 391
Section V: in evidence
392 - 395
A. In foes answers
396 - 404
(B) the proof of documents
405 - 412
(C) the witnesses and testimony
413 - 414
1) they can be witnesses
415 - 416
2) to provide witnesses and their response
417 - 423
3) in the questioning of witnesses
424 - 437
4) in trust certificates
438 - 447
(D) in the transmission of the court and judicial preview
448 - 449
(E) the clues
450 - 451
Section VI: In emergency cases
452 - 456
A. In the absence of rivals
457 - 460
(B) the intervention of a third person in the suit
461 - 462
(C) in attempts rivalry List
463 - 465
Section VII: in the Declaration of business, and closing the achievement of the lawsuit and the discussion in the lawsuit
466 - 474
Section VIII: In the judgment
475 - 486
Section IX: to challenge the judgment
A complaint against the judgment of nullity
487 - 493
(B) to appeal
494 - 506
SECTION X: in the case, the Court re-trial and non-objection
A court in the case
507 - 510
(B) in the retrial
511 - 514
(C) in the non-objection
515 - 518
Section atheist ten: in the legal aid and legal costs
519 - 521
Section XII: the execution of the judgment
522 - 538
Marital in suits
Section I: in lawsuits currently annulment
A court in good
539 - 541
(B) the right of complaint marriages
542 - 543
(C) in the duties of the judge and the court
544 - 545
(D) the evidence
546 - 549
(E) the judgment and appeal
550 - 552
(F) in cases related to a defect in the bond
553 - 555
(G) general rules
556 - 558
Section II: the separation of the couple claims
559 - 563
Section III: In the case of the likelihood of the death of a spouse
Section IV in the way of action for dissolution of marriage or incomplete dissolution of marriage for the sake of faith
Of the Eastern Churches laws
S 776 - Item 1: marriage covenant which he created the Creator and organized Bhraiah, which it creates men and women, the consent of a personal not fib about, company between them in the whole of life, of nature that aims to better the spouses and to the procreation boys and upbringing.
Item 2: order of Jesus Christ, the true marriage between the baptized, is already the same, is the mystery of God by combining the couple in the unit in the image of the permanent union between Christ and the Church, and grace secrecy gives them a kind of consecration and Tqoehma.
Item 3: Aljohceka as especially marriage are unity and not decay, which will gain in the marriage between the baptized established a special thanks to the secret.
S 777: arise marry equal rights and duties between spouses in relation to the company of married life.
S 778: everyone can get married unless Shara prevents them from it.
S 779: blessed the marriage protection Shara; therefore offer absolutely must be taken to the health of marriage to prove the opposite.
S 780 - Item 1: Marriage Catholics, though one of the parties only Catholic, is not subject to the divine and proceeded, but also subject to canon law, taking into account the validity of civil authority in regard to Bmphaeil civil marriages only.
Item 2: marriage between a Catholic party and the party is baptized Catholic is also subject, taking into account the divine Shara:
1 - privately initiated the church or church group, which belongs to non-Catholic party if the group initiated a special marriage.
2 - to Islam, which is linked by non-Catholic party if it is not the Church of the group to which he belongs began a special marriage.
S 781: If the church should rule in marriage baptized non-Catholics:
1 - In relation to Sharia, which restricts mutually Day celebration of the marriage, the law maintains the 780, item 2;
2 - and in terms of a formula celebration of the marriage, the church recognize any formula recognizes her or kiss-Shara, who was undergoing a time of celebration of the marriage the parties, with the consent has been made public, and if one of the parties only from the faithful of a non-Catholic Eastern Churches it has been celebrated marry on [the rank of] a sacred ritual.
S 782 - Item 1: sermon praising preceded the marriage in the tradition of the ancient Eastern churches in the foot, are subject to the private embarked on a special right for the Church.
Item 2: a promise of marriage does not entitle the right to bring an action to demand the celebration of marriage, but those for compensation of damages if the den.
In pastoral interest in what it takes to be preceded by the celebration of the marriage
S 783 - Item 1: the shepherds of souls must ensure that it qualifies believers for the case of marriage:
1- preaching and religious education appropriate for juveniles and adults, Atlguen two believers the meaning of Christian marriage and the duties of spouses between one and the other, as well as the first right and the duty, which impose on parents to take care of the upbringing of physical children, and religious, moral, social and cultural as much potential.
2- educating suitors seeking to marry educated personally Ahaihma new situation.
Item 2: Ktaibon incites Catholics severe incitement to eat the divine Eucharist at the celebration of the marriage.
Item 3. After the wedding ceremony the shepherds of souls that lay Bonhm married, even if you believe the Secretariat of the marriage covenant and immobilized on it day after day they reach in their family to live more holiness and perfect life.
S 784: must be placed in the private Shara each with a special right of the Church, after consultation with the bishops diocesan other sui iuris Churches who exercise their power in the same province, systems to interrogate betrothed and other methods of investigation, especially in relation to baptism and absolute case , which things should be done before marriage, even if completed accurately possible celebration of the marriage.
S 785 - Item 1: should the shepherds of souls, according to the necessities of the time and place, make use of all appropriate means to remove all hazards leading to the celebration of the marriage incorrectly or is not permissible; this must, before the celebration of the marriage, verifying that nothing prevents without health of celebration and permissible.
Item 2: If the risk of death, if it can not obtain other evidence, enough - what there were not evidence contrary - that confirms Ktaiban, and that the department has called the case, they are Baptist and devoid of every mind.
786 BC: It is the duty of all believers to reveal the Khoury or the head of the local canon, before the celebration of the marriage, all barriers that may have been aware of them.
787 BC: the curate who has inquiries and have access to the outcome, and off an official document, Khoury who is accustomed to the blessing of marriage.
S 788: If the investigation was conducted and what is still doubt about the presence of mind should the curate may refer the matter to the President the local canon.
789 BC: a priest, though he can celebrate the true celebration of the marriage itself, not to bless the local canon without permission president in the following cases, in addition to other cases identified by Shara:
1- marriage Alduarin;
2- marriage that can not civil Shara system be recognized or held by;
3- marriage that adherence to normal duties of a third party or his sons from a previous marriage with this party;
4- marriage of a minor is born of knowing his parents, or from non-consent;
5. marriage which prevents new marriage of church rule, unless it completes certain conditions;
6- marriage, which denies the Catholic faith publicly, but did not attend church or group non-Catholic church; and the local canon President in this case that the authorization is granted only in compliance with the law 814, mutatis mutandis.
In neutralizing barriers to marriage in general
S 790 - Item 1: Mana rescinds it is that makes a lost person's eligibility to celebrate the marriage of true.
Item 2: Mana, though attached to one of the parties only, it makes the marriage is invalid.
S 791: The inhibitor publicly if possible to prove in the outer court; otherwise it is hidden.
S 792: You should not acknowledge sui iuris Churches in the private legislated, contraindications revoked, but for some reason is very serious, and after an exchange of views with the bishops diocesan in other private right of churches who are interested, and after consultation with the Holy See; and not for any authority minimum score to decide new contraindications revoked.
S 793: Trzl habit that is entering a new obstacle, or be contrary to the existing contraindications.
S 794 - Item 1: Can President local canon, in a particular case, to prevent the faithful subject to him wherever they are residents, as well as other officers faithful to his Church sui iuris and residents already within the scope of his diocese, (to prevent them) from marrying a certain period only, and for a serious reason, and as long as that reason exists.
Abannd2- if it comes to the President of a local church exercised his authority within the limits of the scope of the patriarchal Church, the patriarch can confer on this prohibition recipe annulment of marriage; in all other cases Valchrisa See alone.
S 795 - Item 1: can the local canon President, for the faithful subject to him wherever they are residents, as well as other believers belonging to his Church sui iuris and currently residing within his diocese, to give them the barriers that are Canon Shara, with the exception of the following barriers:
1- holy class;
2- vow of chastity extruded public life in monastic institution, the associations were not Congregation of diocesan right;
3- pair killed;
Item 2: Altvchrist of these inhibitions Archives of the Holy See; however, the patriarch can give of mind killing the husband and blocker vow of chastity extruded public life in monastic associations of any legal case was.
Item 3: Never mind giving of blood kinship in a straight line or in the second division of the deviant line.
S 796 - Item 1: in the event of a raid on the risk of death can canon local president for the faithful subject to him wherever they are residents, as well as other believers actually residing within the boundaries of his diocese area, to give them the celebration of the marriage formula approved by Shara, and other contraindications Shara canon, and among individuals, whether overt or subtle, except blocker degree holy priesthood.
Item 2: in those same circumstances and only in cases where contact can not even local canon President devolve Altvchrist authority appointed to Khouri, or to any another priest has the power to bless the marriage, the Catholic priest mentioned in Act 832, Section 2; and ID also this power if the inhibitor was hidden, and within the scope of the esoteric court, whether it's during the sacrament of confession or out of it.
Item 3: The contact your local Canon President impossible if it is not possible to contact him only is by correspondence or personal contact.
S 797 - Item 1: If you discovered the mind, everything has been prepared to celebrate the marriage, was not possible to postpone marrying non-exposure likely risk of serious harm, pending obtain Altvchrist from the relevant authority, the local head of power, as well as, if hidden , all mentioned in the Act 796, Section 2, in compliance with the conditions set forth therein, to make way from all inhibitions, except mentioned in the Act 795, Section 1, numbers 1 and 2.
Item 2: These are this power list also to correct the marriage if it is in danger of deferment himself, had not had time to contact the authority having jurisdiction.
798 BC: the priests mentioned in the Laws 796, item 2, and 797, item 1, to know immediately the local canon, including the president held at the State Court of Tvchrist or correct, and that Asjloh in the marriage register.
S 799: If you do not decide that numbering of the Holy See, or the patriarch or the president of the local canon within the scope of the validity of both of them, Altvchrist recorded from a hidden mind, if granted in an esoteric secret court, in the secret archives of the Department of the diocese, There is no need to last Tvchrist in the foreign court, and the inhibitor became invisible after it publicly.
Inhibitions in particular
S 800 - Item 1: could not the man, before the completion of the sixth year of ten years old, and no woman before the completion of the fourteenth, celebration of the marriage properly.
Item 2: Special Shara can in the special right of the church to impose're not the biggest celebration of the marriage of the passport.
S 801 - Item 1: Former disability and life imprisonment for sexual intercourse, whether in men or in women, and whether absolute or relative, nullifies marriage of nature itself.
Item 2: If the mind questionable deficit in it, whether the doubt by Shara or before fact, does not prevent a marriage does not declare void as long as the uncertainty persists.
Item 3: infertility does not prevent a marriage is not invalidated, that in compliance with the law 821.
S 802 - Item 1: trying to marry incorrectly was constrained by a previous marriages.
Item 2: though the first marriage is invalid or dissolved for any reason, it is not permissible to celebrate the marriage of another before it is clear legally and certainly not to the health of [the marriage] Previous or dissolution.
S 803 - Item 1: You can not celebrate the marriage on the form correctly with non-baptized.
Item 2: If one of the parties, at the celebration of the marriage, customarily regarded as public baptized, or were baptized in doubt, assume the validity of the marriage on the base 779 of law, that proves consistently to be one of the parties christened and that the other is christened.
Item 3: In regards to the terms of Altvchrist applied the law 814.
S 804: trying incorrectly marry is a shrine in the holy class.
S 805: trying incorrectly marry a vow of chastity vow of public life in the monastic institution.
S 806: You can not celebrate the marriage properly with a kidnapped person or at least reserved for the purpose of celebration of the marriage with him, unless he voluntarily chose to marry after being separated from the snap and makes it in a safe and free place.
S 807 - Item 1: the purpose of the celebration of the marriage of this particular person kills a person spouse is incorrectly attempts this marriage.
Item 2: as well as trying to incorrectly marriage as between them cooperated in the murder of one subscription physically or morally pair.
S 808 Item 1: Incorrect marriage in the straight line of blood kinship between all the assets and all the branches.
Item 2: Incorrect marriage in deviant line to the fourth degree Baltdmn.
Item 3: never marry is not allowed if there is a doubt on the subject of blood kinship between the two parties in any degree of a straight line, or in the second division of the deviant line.
Item 4: blocker blood kinship are not numerous.
S 809 - Item 1: invalidate civil kinship marriages in all degrees of the straight line, and in the second class of deviant line.
Item 2: blocker civil kinship are not numerous.
S 810 - Item 1: mind arises public decency:
1- for marriage is valid after the establishment of a common life;
2- all gone public or Moshtohor;
3- for a shared life between two parties bound format approved by the celebration of the marriage-Shara, and tried to marry in front of a civil servant, or in front of the server [secretary] is a Catholic.
Item 2: invalidate the impediment to marry in the first class of the straight line between men and women relatives of blood nearly as well as between women and relatives of the man bloody nearly.
S 811 - Item 1: arise from baptism almost spiritual godfather of [hand], adopted and his parents [on the other], a void marriage.
Item 2: If Gen. renewed under the condition, spiritual kinship arises only if the Godfather himself godfather returned a second time.
S 812: Celebrating can not marry properly, including those who gathered around the legitimacy arising from the adoption in a straight line, and in the second class of deviant line.
In mixed marriages
S 813: prohibits marriage between two people dependent one Catholic and the other is a Catholic without prior permission from the competent authority.
S 814: The local canon president can grant permission for some reason my mind; but he that this permission is granted only after the following conditions are met:
1- to Catholic party declares that he is ready to ward off the risk of breezing of faith, and that is a promise honest that he would do his best to baptize their children and all of them brought up in the Catholic Church;
that the other party knew, at the time, these promises which the Catholic party must be concluded, so make sure it is keenly aware of what has been associated with the Catholic party promises and obligations;
that the parties briefed on the purpose of marriage and the fundamental characteristics that must not be excluded by any of the betrothed.
S 815: you must specify your Shara in every church with a special right of way in which these statements and promises that are always required are carried out, and that determines the way recognized in the foreign court and the way communicated to the party is Catholic.
S 816: to mean local presidents these churchmen and other pastors of souls that the Catholic party and the children are not deprived of a mixed marriage of spiritual aid to carry out the duties of the fruit of their conscience, and that help couples to strengthen unity in the life company marital and family.
In marital satisfaction
S 817 - Item 1: marital satisfaction to do the will of him, men and women, and an era of irreversible, that offers every one of them the same for another, and the other to accept the establishment of marriage.
Item 2: No human authority can serve as marital satisfaction.
S 818: unable to celebration of the marriage:
1- of lack sufficient use of reason;
2- complain of a serious lack of good judgment on the subject of marriage rights and fundamental duties of the submission and acceptance;
3- those who can not afford the basic duties of marriage for reasons of a psychological nature.
S 819: marital satisfaction in order to be a must, at least, not unaware of the celebrated marriage, that a permanent partnership between men and women, resulting in having boys through the sexual act.
S 820 - Item 1: Mistake of the person making the marriage is invalid.
Item 2: Mistake in the title of the person, though the reason for the marriage, does not invalidate the marriage, what those characteristics were not intended directly and primarily.
S 821: celebrating the marriage of incorrect celebrated Mngera to trick it was a way to gain satisfaction, regarding the status of the other party of a nature to spoil the joint matrimonial dignified living dangerously.
S 822: Mistake on the subject of the unity of marriage or dissolution or lack of dignity in being a secret [of the secrets of the church] does not spoil marital satisfaction as long as it does not limit will.
S 823: The Science of doubt or invalidity of the marriage does not necessarily exclude marital satisfaction.
S 824 Item 1: assumes that the self-satisfaction of Internal OK for statements or signals used at the celebration of the marriage.
Item 2: If the oldest one or both parties by the explicit will of the exclusion of marriage itself, or one of the core elements of the marriage, or one of the fundamental characteristics, celebrated the marriage on the face is not true.
S 825: Incorrect celebrated marriage if I hate a person by force or intense fear caught up him from the outside, although unintentionally, are forced, to get rid of them, to choose to marry.
S 826: marriage under the condition can not be celebrated properly.
S 827: though he had celebrated the marriage incorrectly because of the mind or because of a defect in the celebration of the marriage formula imposed by Shara, marital satisfaction, which continues to make to prove is withdrawn.
Celebration formula marry
S 828 - Item 1: valid marriages are only those celebrated by [P] Weather sacred to the president the local canon or local Khouri, or priest, who got the one on the validity of the blessing of the marriage, and the presence of two witnesses, at least, but according to the provisions of laws Next, the preservation of what is excluded in the 832 and 834 laws, item 2.
Item 2: This is a sacred Weather subscription Once the priest was present and blessed.
S 829 - Item 1: the head of the local Church and Khoury local after legal handed them to Ozivthma, and Dama are based legitimately Bozivthma, that Abarca blessing of marriage is correct, within the limits of their mandate, and no matter where within those limits, whether the couple was subject to them or not, It provided that at least one of the parties belong to Knesthma with your right.
Item 2: President canon Profile and Profile Khoury, by virtue of their function that Abarca marry only true blessing if one of the parties at least subject to them, and that was within the limits of their mandate.
Item 3: Patriarch, by virtue of what imitate Shara of validity, taking into account other things that must be observed religiously, to bless himself married anywhere in the world, provided that at least one of the parties belong to the church, which he heads.
S 830 - Item 1: Can the president and the local canon local Khouri, Madama are based legitimately Bozivthma, could give to the priests of the Church any special right they were, even of the Latin Church, the validity of a particular marriage blessing, and within the limits of their mandate.
Item 2: The general authority to bless the marriage can not be granted unless the local canon President alone, in compliance with this law 302, item 2.
Item 3: In order to be granted the blessing of the marriage right expires, you must explicitly given to certain priests, and if the public authority shall be given in writing.
S 831 - Item 1: bless the marriage on the face of the legal canon President domestic or local Khoury:
1- After checking the residence or the semi-dwelling, residence or a month, or in the event of the establishment of the rotor, it is one of the two parties are currently in place to marry
2- If these conditions are not met, obtaining the permission of the President or canon Khoury dwelling or semi-dwelling one of the parties unless there is a reason my mind Aadhir;
3- somewhere albeit subject exclusively other special right for the Church, unless expressly rejects the canon president who exercised authority over this place.
Item 2: marriages celebrated in front of the groom Khoury, what particular law unless stated otherwise, or unless there is some reason my mind Aadhir.
S 832 - Item 1: If you can not without serious hardship, having a priest with the validity of the Shara base, or access to it, students can be a real marriage Ihtfla done properly and in front of witnesses is permissible only:
1- if the risk of death;
2- in the case of the risk of death, if in anticipation anticipation Swabaa intact those that will last a full month.
Item 2: In both cases, if found another priest should be called, if possible, to bless the marriage, with the survival of the marriage right in front of witnesses only; can also call in both cases is a Catholic priest.
Item 3: If the marriage was celebrated in front of witnesses not only neglecting the couple to accept the blessing of the priest to marry as soon as possible.
S 833 - Item 1: can the local canon President to grant any validity of the marriage Catholic priest blessed the faithful from any Eastern Catholic Church is not Asttien access to a priest for their church without serious hardship, if you request it on their own, there was no reason why without health or passport celebration of the marriage.
Item 2: a Catholic priest, if he could, it knows that the thing these believers authority having jurisdiction, by the blessing of marriage.
S 834 - Item 1: must comply with the form approved by the celebration of the marriage-Shara, if one of the parties celebrating the marriage at least was baptized in the Catholic Church or before it.
Item 2: If the Catholic party belongs to one of the sui iuris Eastern Churches celebrating his marriage with a party belongs to the Eastern non-Catholic Church, The wording approved by the celebration of the marriage Shara only required from the door of the passport; the validity of the marriage will require us the blessing of the priest and adherence and other matters that must be adhered to religiously.
S 835: Altvchrist celebrate formula prescribed legally marry Archives of the Holy See, or the patriarch who does not give him but for some reason is very serious.
836 BC: In the only case of necessity, must be adhered to in the celebration of the marriage, including draw liturgical books and customs legitimate.
S 837 - Section 1: a must for the health of celebration of the marriage of the parties be present together at the same time, and that crossing the marital satisfaction for mutual.
Item 2: celebration of the marriage can not correctly by the agent, what is it did not pass the private-Shara in the special right for the Church, must in this case also set conditions that make the celebration of such a possible marriage.
S 838 - Item 1: marriages celebrated in the parish church, or if the local canon allowed the president or local Khoury in a sacred place; this is not the places you can not celebrate the marriage without the permission of the Chair local canon.
Item 2: In terms of a time of celebration of the marriage must abide by the rules approved by the particular law in the special right to own the church.
S 839 shall be prohibited, before celebrating a legal marriage or beyond, making another religious ceremony of marriage itself in order to make marital satisfaction or renovated; also prohibits religious celebration in which it asks Catholic priest and server B non-Catholic parties.
S 840 - Item 1: It is possible for local Head of Canon to authorize, for a serious reason, and salt, to celebrate the marriage a secret, accompanied by heavy duty save secrecy required local canon president, and Al Khouri, and the priest who granted the power to bless the marriage, witnesses and the other party, as long as the spouse is Negotiable disclose the secret.
Item 2: wear off duty local canon president Remember password if comes from saving a serious doubt, or severe affront to the sanctity of marriage.
Item 3: register marriages celebrated secretly in a special register kept in secret archives in the diocese circle, what did not prevent this very serious reason.
S 841 - Item 1: After the celebration of the marriage must Khoury ceremony venue, or on behalf of, even if one of them to marry bless, to register as soon as possible and in marriages scored a couple names, and the priest blessed and witnesses, and the place and date of marriage celebrated, and Altvchrist, if available, of the celebration of the marriage formula or inhibitions, and granted, and every mind and degree, and the authority granted to bless the marriage, and all the other things that have special diocesan bishop has been approved.
Item 2: After the local Khoury be recorded in the record that the baptisms celebrated married to marry on the day as well as in his parish; but if married had been baptized in another place shall be at the local El-Khoury to send himself or through the parish circle, a marriage certificate to Khoury, who has recorded the baptism married, and that does not even come to him the news of the registration of marriages in Deanships record reassures.
Item 3: If the marriage was celebrated on the rule of law 832 shall be the priest, if he is blessed marriage, except For the witnesses and the couple be concerned that the celebration of the marriage registers, as soon as possible, in the prescribed records.
S 842: If corrected marriage in the foreign court or declared void or legally resolved except for the case of death, you should know this place Khoury, who celebrated the marriage, to register it in the Register marriages and baptisms.
In correcting the marriage
A correction in the simple
S 843 - Item 1: for marriage is incorrect correct because blocker invalidates must be inhibitor may still make way or him, and that renewed satisfaction at least Arif Balmana party.
Item 2: There must be the renewal of the validity of the correction, although the parties have made their satisfaction in it and did not adjust their start with him in the post.
844 BC: It must be renewed satisfaction with a new act of the will in relation to marriage, which was renovated party knew or thought it was from the beginning is not true.
S 845 - Item 1: If the inhibitor must publicly on the parties to renew satisfaction according to the formula prescribed legally celebration of the marriage.
Item 2: If the inhibitor was subtle enough to renew satisfaction separately and secretly, so by the party Balmana the world, as long as the other party to the constant satisfaction shown, or by both parties if they were both aware Balmana.
S 846 - Item 1: Corrects marriage is not right for a defect in consent if the party who did not previously satisfied to the satisfaction came back, as long as the second team fixed the satisfaction shown.
Item 2: If it is not possible to prove the defect in delight enough party who are not satisfied to show dissatisfaction separately and secretly.
Item 3: If it can be demonstrated defect in delight shall renew the celebration of the marriage consent form prescribed legally.
S 847 - in order to marry corrects wrong for a defect in the celebration of the marriage formula prescribed legally must celebrate it in this format.
B in the correction of the original
S 848 - Item 1: Correction is the right marriage of origin is corrected without the renewal of consent, granted by the competent authority, which Tvchrist of the inhibitor, if any, and the celebration of the marriage formula prescribed legally, if you do not keep them, as well as giving effect retroactive to the legal effects in relation to the past.
Item 2: Patch takes effect from the date of giving grace; the retroactive considered since the time of the celebration of the marriage, unless otherwise provided in the grant otherwise explicitly.
S 849 - Item 1: Correction marriage of origin may be granted correctly even unaware of one of the parties or of both parties.
Item 2: Do not give the patch from the original except for a serious reason, and if it is likely that the parties are determined to remain steadfast in married life company.
S 850 - Item 1: Can the marriage is not correct correct as long as the satisfaction of both parties remains.
Item 2: You can not correct the marriage is not correct because of the mind began my God, only after the demise of the inhibitor.
S 851 - Item 1: if devoid of the parties or one of them satisfaction can not correct the marriage of origin properly either missed or satisfaction from the beginning was to start in place and then edit it in the post.
Item 2: If you missed the satisfaction from the start and then expressed in the post, it could give the patch from the moment of expressing dissatisfaction.
S 852: Patriarch and Archbishop parishioners can could give correction of origin in individual cases, if prevented the validity of the marriage defect in celebration formula marry prescribed legally or blocker Asttien Altvchrist of it, as well as in established cases legally if the conditions mentioned in the law, 814; in other cases, and if it proceeded inhibitor of god, it was still, the patch goes back to the origin of the Holy See alone.
In the separation of the couple
A solution in bond
S 853: Wethaq secret marriage in the marriage incomplete can not be resolved by human authority, nor any reason except death.
S 854 - Item 1: solve the marriage concluded between the two parties is baptized by virtue of the Pauline privilege Shara himself in favor of the faith of the party who received the sacrament of baptism, if this party celebrated the marriage of new, provided that separated his party is baptized.
Item 2: The party is baptized separately if you do not want to inmate baptized party in peace [inmate] free from insult to the Creator, that's what did not give him the baptized party, after receiving his baptism, Swabaa reason for separation.
S 855 - Item 1: In order for the baptized party celebrating a new marriage of properly, you must question the party is baptized in:
1 - Are you holidaying is also accept the baptism?
2 - Do you want to at least inmate baptized party inmate peace free from insult to the Creator?
Item 2: This should interrogation being after the baptism; however, the local canon president can authorize, for a serious reason, to conduct the interrogation before baptism but can be exempted from the interrogation either before baptism or later, if it turns out, even to conduct a brief, non-judicial , that this questioning is not possible or not useful.
S 856 - Item 1: usually are questioning the authority of the local canon president, who is subject to him proselyte party, and on this local Church President] that gives the second party a period of time to answer, if requested, to warn that if passed this period from time futile, counting his silence answer negative.
Item 2: true also convert the interrogation conducted by the party, even in private, but may also be failing to maintain the prescribed above-mentioned formula.
Item 3: In both the current interrogation must prove legally in the foreign court questioning the occurrence and the resulting.
S 857: the right of the baptized party to celebrate the marriage of the new with a Catholic party:
1 - if the other party responded negatively to the interrogation;
2 - If neglected interrogation legitimate manner;
3 - if the party is baptized, both questioned or not cross-examine, and continued once cohabitation in peace, but it is the oldest in the post-secession for no reason my mind, in this case must be preceded by questioning [marry] the laws 855 and 856 Base .
S 858: Can President local canon, for a serious reason, to allow the party baptized, who have benefited from the franchise Pauline, to celebrate the marriage with a party is a Catholic, baptized or unbaptized, also in compliance with the provisions of mixed marriage laws.
S 859 - Item 1: If a person is baptized a several wives at the same time non-Baptists, can, after receiving his baptism in the Catholic Church, and if too hard for him to stay with the first of them, to keep on one of them and distract the survivors; and this is true also for women it is the Baptist, which has at the same time several non-baptized husbands.
Item 2: Only in this case should be celebrating the marriage celebration of the marriage formula prescribed legally with the restriction also to other what needs to be adhered to religiously.
Item 3: at the local canon President, taking the conditions of the places and people of legal, social and economic in mind, that means that the persons Almsrovon on the adequacy of the necessities and according to the rules of justice, love and fairness.
S 860: It is permissible for the non-baptized who, after receiving his baptism in the Catholic Church, he could not because of the arrest or persecution to return to the inmate assigned unbaptized, he may celebrate the marriage of another, even if the other party may accept baptism in the meantime; this while maintaining the 853. law
S 861: In case of doubt enjoy the privilege of faith sponsored by Shara.
S 862: can the Roman Pontiff, for some reason my mind, to solve a marriage is incomplete if so requested by the parties, or request one over the other is B.
B get in parting with the stability of the bond
S 863 - Item 1: incites pair severe incitement, motivated by love and jealousy on the good family, that does not reject the presumption of forgiveness adulterer, and that does not cut the marital life company. But if you do not forgive his sins clemency to an explicit or implicit was denied the right to solve marital life company. Unless he has been pleased with adultery, or even the cause or have committed is also adultery.
Item 2: The forgiveness implicit existed if the pair innocent light, after learning of adultery, studiously on his own on the cohabitation with the other spouse in sympathy with my husband; this is estimated forgiveness if maintained for a period of six months from the life company marital and did not resort to it to ecclesiastical authority or civil power.
Item 3: If you solve the pair innocent of his own marital life company, it shall submit, in six months, claiming the secession of (abandoned) to the relevant authority, which sees, after investigating all things, you can download the innocent pair of power overlooked guilt and not to continue the separation (abandonment).
S 864 - Item 1: If a couple's life spouse or his children shared risk, or make it so tough, it gives the other a legitimate reason for separation (abandoned) a decision of the local canon president, but rather a decision by himself if in wait danger .
Item 2: can the private al-Shara in the special right of the Church to determine other reasons, according to the ethics of the people and the conditions of places.
Item 3: In all cases, the reason for the demise of separation (abandonment) shall resume marital life company, unless otherwise decided by the competent authority.
S 865: When the separation of the spouses must always be careful to ensure that the lives of children and their upbringing due.
S 866: praise the work of the pair innocent who can always come back again to accept Wife other company in married life, in this case gives up his right to secede (abandonment).
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