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Law 4 Of The 2012 Wills And Inheritance Act Range Armenian Orthodox

Original Language Title: القانون 4 لعام 2012 قانون الوصية والإرث لطائفة الأرمن الأرثوذكس

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Law 4 of 2012 The Guardian and Inheritance Law of the Armenian Orthodox Community


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Act No. 4/of 2012
Date-birth: 2012-01-08 History-Hjri: 1433-02-13
Published as: 2012-01-08
Section: A law.

Information on this Act:
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Law 4 of 2012
The law of the will and inheritance of the Armenian Orthodox community

President

Based on the Constitution

As approved by the People's Assembly at its meeting held on 3/2 1433 A.H., 28/12, 2011, .

The following are issued:

Article 1

The law of the will and inheritance of the Armenian Orthodox community will be ratified in violation of the provisions of the public order .

Article 2

This law is published in the Official Journal. .
Damascus 13/2/1433 A.H., 8/1/2012 .

President
Bashar al-Assad


In the will and organization

Article 1

The terms of the will, organization, ratification and judgment of their validity are certain in this law. .

Article 2

Married Greek Orthodox priests are subject to the will to the legal provisions relating to secularists (civilians).

Article 3

The unmarried cyrus men (monks and nuns) can accept commandments; they do not have the right to recommend .

Chapter I

Article 4

The will is an act in the estate, added to the post-death by donation. .

Article 5

Will the commandment be fulfilled and executed for the third and other half of the estate, and no matter how many are recommended for them. , If the commandment exceeds half of the estate, it is no longer invalid, but is subject to more than half the leave of heirs as a donation, and if there is more than one commandment, these commandments are only executed within half of the estate unless inherited by the heirs. .

Article 6

Wills in favor of places of worship, religious and charitable institutions, other bodies of land, and scientific and public institutions with legal capacity, and the guardian of the works of land and goodness without appointing an entity to know the presidency of the spiritual council of the sect. .

Article 7

Add the addition of the will to the future, and suspend it with the condition and restrict it to it if the condition is true, and the correct condition is what has been in the legitimate interest of the guardian, recommended, or otherwise, and other than contrary to the public order and the morals and customs of the Church. .

Article 8

The correct condition must be taken into account as long as the intended interest is realized, and if the will is restricted to the incorrect validity of the will and the condition is revoked .

Article 9

A guardian is required to be a reasonable person to donate adult age of majority. .

Article 10

The recommended recommendation is to be known and present at the will and until the death of the guardian is certain. .

Article 11

The recommended recommendation is to be self-specific, and amenable to property. .

Article 12

You champion the will. :

a. With the death of the recommended pre-recommended death. .

b. Doom recommended before the death of the guardian. .

c. With the explicit return of trusteeship and writing in the same form as organization and preservation. .

Dr. With the recommended response, the will after the death of the guardian. .

e. By taking the recommended money to the recommended money if his act is taking him out of his property and is based on official bond. .

Article 13

If the will is answered or a hero in all or some returned, what has returned or heroine has returned to the estate of the guardian. .

Article 14

The recommended recommendation is prohibited if the guardian is killed intentionally or intentionally, whether it is an actor, a partner, an intervener or an instigator, as well as causing him to kill the performer. He is considered to have falsely claimed him if it led to his murder, and the killer was sane and an adult of the age of penal accountability. .

Chapter II Regulation and preservation of the will

Article 15

The guardian of the Al-Mosi line is organized and signed in the presence of two witnesses who name and date them. They are dated and recorded in the court's record of trusteeship after being approved by the Bishop or his delegate with the head of the spiritual primitive wisdom and deposited by the Mosi in particular within a condition sealed with wax and a reservation in the court box. Under a handkeeping number in the log of the commandments. .

The will is considered valid if it is printed or edited other than the line of law, provided that it is read upon and understood by its content or by its usual reference if it is unable to express or write before signing it in the presence of two witnesses who name them and before the Archbishop or from his/her delegate and the President of the Spiritual Court and follow the same. Registration and preservation procedures .

Article 16

For the guardian to appoint one or more executor of his will, to perform all necessary legal and administrative procedures for their execution, if the executor is not named by the guardian of the spiritual start court to appoint him at the written request of the stakeholder, and no executor may be appointed from one of the heirs. .

Rule 17

The guardian may refer to his will all, or some of them, or modify them as long as he enjoys the eligibility and the legally considered descriptions whenever he wants, and every subsequent will of the former champion who does not agree with her. .

Rule 18

Return or adjustment must be in writing and in the same form and procedure for organizing, certifying and maintaining the will .

Rule 19

The will shall not be implemented until the Court has determined the validity and the validity of its validity and orders its implementation and shall appoint an outlet for it if it is positive. .

In the inheritance and the layers of heirs.

Chapter I. Legacy

Rule 20

Assessment of the Spiritual Court shall be made in accordance with the provisions of this Law .

Rule 21

The estate is all that Murtha leaves after his death from movable and immovable property whatever its type and the rights that he or he has. .

Rule 22

The inheritance is a human right to another estate after his death by virtue of the rule of law. The deceased is the deceased. The one who deserves a share of the inheritance is the heir. .

Rule 23

The heir deserves the inheritance of the death of the Murth, or as a dead man by judicial judgment. .

Rule 24

For the benefit of inheritance, the life of the survivor must be achieved at the time of the death of the Murth or as a dead person in a judicial judgement entitled to inheritance if he is born alive for nine months and less than the date of death. If the duration of the pregnancy increases for more than nine months, and a dispute has taken place from one of the worthy of the inheritance, or the child's guardian, Then to the medical expertise to study DNA to prove the lineage before the competent court. .

Rule 25

If two or more people die inheriting one another, and then they know which one died first, no one is entitled to leave the other, whether their death is in one accident or not, and their inheritance is passed on to their living heirs. .

Rule 26

Inheritance :

a. The heirs of the heirs, branches, assets or husband of the heirs if the killing is intended to benefit from an inheritance without an excuse or a right, whether it is an actor, a partner, an intervener or an instigator, if the killing was intentional or intentional, as well as causing him to kill the feminine and be considered to cause his testimony to be false if it led to the killing. To kill him, and the killer was sane and a great age of penal accountability. .

b. Different religion: no inheritance with different religion .

c. The share of the heir deprived to the rest of the inherited heirs is vested with him. If he is not worthy of heirs, he moved to his branches who would have replaced him if he had died before the Murthy. .
The money that goes on this way to the deprived branches is not dealt with by its legal authority, whether by mandate, trusteeship or others, nor does it have the right to inherit it after they die. .

The deprived heir is obliged to return to the estate what he has received from the funds since the death of the Murtha and the perpetrators of its proceeds and fruits since the date of death. .

Rule 27

It leads from the estate in the following order. :

a. Enough to equip the dead and bury it and the ceremony connected to the known fate. .

b. Dead debt .

c. The right will if you find .

Dr. The rest is distributed to heirs depending on the proportions and order provided in this law. .

e. If there is no one of these appointees in the specific order, the estate of the estate or the rest of it is transferred to the public treasury. .

Chapter II. The inheritance and inheritance classes

Rule 28

I have the death of a person from the Armenian Orthodox community or from persons subject to the provisions of this law, the distribution of the resources, and the estate of the deceased, from rights, movable funds and real estate, whether or not they belong to Amiri or Amiri, according to the following sequence and quotas. :

First paragraph: heirs of the first class: include the children of the deceased, their branches and the children's grandchildren .

  • The children of the deceased and their children are equal to their parents and their assets equally without discrimination between males and females. .
  • If the boy is alive when the death of the Murtha falls, the right of inheritance falls from the branches connected by him to the deceased .
  • If the branches were all first class, they split the estate between them equally. .
  • If it was between the children of the deceased who died before, his branches replaced him and took the class that would have passed to their mother or their father, if he was alive, and that share would be shared equally. .
  • If the deceased had multiple children, a delegation died all before, the share of each of them passed to their children and their branches, no matter how equally they went down. .
  • If the child had one boy, a male or a female was confined to the estate. .
  • The right of the background described above applies to the legacy of the branches, whatever they are .

Second paragraph: The heirs of the second layer: The deceased father, their children and their children .

  • If there is no survivor inherited from the first class, the estate of his parents is equally alive. .
  • If one of the parents had previously died before the death of the gene, their branches would take from the estate the share to which they would be held if they were alive and shared equally without discrimination between males and females and in accordance with the preceding paragraph. And if it doesn't have branches, the quota that would have passed was if it were alive to the other father alive. .
  • If both had previously died prior to the death of the Murtha, their respective branches would take the share to which they would have been, if they were alive and shared equally without discrimination between males and females and in accordance with the provisions of the preceding paragraph. .
  • If one doesn't have branches, he has his share of the other branches. .

Third paragraph: The heirs of the third layer include the ancestors of the deceased and their branches .

  • If there is no heirs to the first and second classes, the estate between the grandparents and the grandmothers will be distributed equally between the father and the mother, if all of them are alive. .
  • If one of the grandmothers of a father or mother had previously died before the death of the Murtha, his share of the inheritance passed to his branches equally and in accordance with the provisions of the first paragraph, and if he did not have branches that had his share of the same side and the rest alive, and in the event of the death of the grandfather of a father or the grandfather of a mother who would distribute their share on the other hand. their branches equally and in accordance with the provisions of the first paragraph .
  • If the gene from the parent or the parent is deceased, without branches, they have inherited their share of the debt of the other side, or their branches, if they are deceased and according to the provisions of the first paragraph. .

Paragraph 4: Who was in the first, second and third classes of the branches if the right to inherit from multiple quarters takes all that belongs to them. .

Fifth paragraph: In the classes specified in the preceding paragraphs, the right to inheritance is not transferred to the second layer except in the absence of heirs of the first class and will not move to the third class unless the heirs of the first and second layers do not exist, taking into account the circumstances of the parents' inheritance. And couples. .

Paragraph 6: in the conditions of the parents, if the child had inherited from the first class and that his parents or one of them were alive, the share of the parents was one-sixth, combined or alone. .

Paragraph 7: in couples :

a. The wife of the Murthy or his wife, 1/4 of the estate, is responsible for his meeting with the heirs of the first class. .

b. The Murthy husband or his wife 1/2 left in the event of his meeting with the heirs of the second layer. .

c. It is for the husband of Murtha or his wife, 5/6, to leave in the event of his meeting with the grandparents and grandmothers or one of them, whether from the father or the mother, without their branches. .

Dr. The deceased's husband or his wife deserves the entire estate in the absence of heirs to the deceased, the first class, the second layer, and the absence of any grandparents and grandmothers. .

Rule 29

The President of the Spiritual Court shall issue a decision to limit the inheritance of the deceased by determining the heirs and the amount of their inheritance shares in the study room upon written request by a heirs, together with the certificate of the representative of the chosen/chosen body at the residence of the deceased, and must be accompanied by a statement of medicine from the deceased. The Civil Registry Secretariat includes civil restrictions for the husband, father, children and relatives of the deceased, and may be monopolized by the testimony of the certified parish of the local church council. .

Rule 30

The Spiritual spiritual court decides on the objections to the inheritance documents issued in accordance with the preceding article after the invitation to the opponents and the conduct of the trial in accordance with the general rules, with a rudimentary, appealable judgement before the Court of Spiritual Appeal, which hears an appeal with a cassation appeal. According to the Syrian Trial Assets Act, .

Rule 31

The exorexic is to reconcile the heirs to remove some of them from inheritance on something known. .
If one of the heirs is outside with another, he deserved his share and replaced him in the estate. .
If one of the heirs is outside the rest of them, if it is paid by the estate, their share is divided among them by their percentage of their clients, and if the payment is from their money and does not stipulate in the contract of the outside division, the share of the outside share is divided among them for what has been paid by each of them. .

Rule 32

The married priests of the Armenian Orthodox community are subject to inheritance to the legal provisions relating to secularists (civilians) in accordance with the provisions of this law .

Rule 33

Non-married cyrus men (monks and nuns) are entitled to inherit .

Rule 34

The legacies of the unmarried cyrus men (monks and nuns) from the Armenian Orthodox and immovable Armenian community all belong to the parish in which they serve .
General provisions

Rule 35

This law applies to the children of the Armenian Orthodox community and to all persons subject to its provisions, and the Primitive and Appeals Spiritual Court of the Community is competent to hear cases. .
A son of the Armenian Orthodox community, every child born of a father belongs to her. .

Rule 36

-The Primitive and Appeals Spiritual Court shall apply the provisions of the Law on the Assets of the Syrian Trials and the proceedings are brought before them, and the trial and the procedures for the civil-start courts are conducted. .
-The Spiritual Court applies the provisions of the Syrian Law of Pines, and evidence may be found in all cases except in cases and financial disputes that violate or exceed what was included in the book's evidence. .
-The documents issued and organized by the court of the spiritual primitive in the room of study in accordance with the provisions of this Law shall be considered valid and effective until they are invalid or amended in the spending of the antagonism. .
-Fasting may appeal to the Court's spiritual judgments before the Court of Spiritual Appeal and for them to appeal to the Syrian Court of Cassation in the judgements of the Court of Appeal. .

Rule 37

All that is not provided for in this law applies the provisions of the Syrian Civil Code relating to the will, inheritance and estate in what does not conflict with it. .

Rule 38

The provisions of inheritance and will apply as of the date of effectiveness Legislative Decree No. 76 / Date 26/9/2010 Without prejudice to acquired rights .

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