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

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16181&RID=-1&Last=10058&First=0&CurrentPage=3&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Act 4 of 2012

Wills and Inheritance Act range Armenian Orthodox



President

Based on the provisions of the Constitution,

And approved by the People's Assembly in its meeting held on 03/02/1433 H corresponding to 28/12/2011 AD.

Issued as follows:
Article 1


Incredible Wills and Inheritance range Armenian Orthodox facilities in contravention of the provisions of the Public Order Act.
Article 2


This law shall be published in the Official Gazette.

Damascus on 13/2/1433 AH corresponding to 08/01/2012 AD.


President Bashar al-Assad



In the will and organization
Article 1


The terms of the will, organization and governance of ratification of certain validity in this law.
Article 2


The Armenian Orthodox priests, including married couples undergoing specialized testament to the legal provisions relating to the laity (civilians).
Article 3


The unmarried clergy (monks and nuns) can accept the commandments but are not entitled to recommend.

First chapter
Article 4


Commandment disposal of the estate added to the post-Almmut way of donation.
Article 5


Valid wills are carried out for the heir and the other by half a legacy and a significant plurality recommended to them, and, if the commandment exceeded half of the estate there is a void, but is subject to more than half to leave heirs as a donation, and if there was more than the commandment of these commandments would be implemented only up to half of the estate unless Adzha heirs.
Article 6


Valid wills in favor of places of worship, religious, charitable and other mainland destinations scientific and public institutions and Almtemtah legal capacity, the commandment to acts of kindness and goodness and institutions without a set destination acted knowing presidency of the Council of the spiritual spectrum.
Article 7


Valid adding commandment to the future, and the suspension of the requirement and restrained him if the condition is true, correct the condition is what it was legitimate for the testator or recommended to him or to others and is contrary to public order and the manners and customs of the Church's interest.
Article
8

Must take into account the proper condition as long as the interest intended by the unrealized, and if restricted commandment provided an incorrect true commandment and canceled condition.
Article 9


Required in the testator should be wise Welcome of age to donate.
Article 10


Required in the recommended him to be present when the information commandment and until the death of the testator that was certain.
Article 11


Required to have recommended that certain particular and subject to possess.
Article 12


Void the commandment:

A. Recommended to him by the death of the testator.

B. Recommended doom before the death of the testator.

C. Relapsing recommended for guardianship expressly written in the same form of organizing and archiving.

D. Recommended to him commandment cold after the death of the testator.

E. Adapted testator recommended him money if he helmed his disposal for his ownership and based on an informal basis.
Article 13


If received commandment or invalidated in all or some returned received or invalidated it to the estate of the testator.
Article 14


Recommended to him by the commandment maturity prevent if the testator was killed intentionally or deliberately, either principal or accomplice or an accessory or instigator and also caused intentionally kill Almart and is one of the cause of his testimony he falsely if it resulted in the killing and the killer was sane and adult age of criminal accountability.

Chapter II Organization commandment and save
Article 15



Regulate the commandment of the testator-written and signed by the presence of two witnesses mentioned their names and Aarkhha recorded in the court record commandments after ratification by the bishop or his representative with the head of the wisdom of primitive spiritual and deposited by the testator in particular within the envelope sealed with wax and kept in the court fund under No. Name codifies in probate record.

It considered valid wills if printed or editor without the testator line provided read to him and understand the content or referring usual if he is unable to speak or write before it is signed by the presence of two witnesses mentioned their names in front of the bishop or his representative and head of the spiritual court and follow the same registration and conservation measures .
Article 16


Testator to appoint an outlet or more to his will, to perform all legal and administrative measures necessary for their implementation, case they are not naming the port by the testator Court spiritual initially appointed at the written request of the owner of interest, and may not be assigned an outlet of one of the heirs.
Article 17


The testator reference for the whole or part of his will or modified as long as he is competent and descriptions prestigious law whenever it so desires, and every commandment later invalidated the former that do not agree with it.
Article 18


Should be back or amendment in writing and the same format and procedures for regulation and certification and save commandment.
Article
19

Not implemented only after the commandment primitive and spiritual health and the court decides to order the implementation and had to have an outlet if it is positive.

Inheritance and layers heirs

Chapter I. inheritance
Article 20


Scale of inheritance appointed primitive spiritual Court in accordance with the provisions of this law.
Article 21


Legacy is all it succeeded the testator after his death of movable and immovable funds of any kind and rights to him or it.
Article 22


Inheritance is the right man in the last legacy after his death, the rule of law, the deceased is a gene, but who deserves a share of the inheritance is the heir.
Article 23


Worthy heir inheritance or death of the testator as dead by a court judgment.
Article 24


For entitlement to inheritance should check the heir life time of the death of the testator or as dead by a court judgment worth fetus inheritance if born alive for nine months or less from the date of death, but if increased duration of pregnancy for more than nine months and got a dispute of a persons entitled to inheritance exclusively or guardian of the child shall be then resorting to medical expertise for the study of DNA paternity before the competent court.
Article 25


If two or more died inherit each other and then knows which one died first there is no entitlement to someone at the other legacy of whether their deaths in a single incident or not and move them all to the legacy inherited neighborhoods.
Article
26

Contraindications inheritance:

A. Heir killing gene or one of its branches or assets or the spouse if the murder intent to take advantage of the inheritance without an excuse or the right of either principal or accomplice or an accessory or instigator if the intentional murder or intentionally, as well as caused intentionally kill Almart and is one of the cause of his testimony he falsely If you have to kill him and the killer was sane and adult age of criminal accountability.

B. Difference in religion: no inheritance with a different religion.


C. The share of the heir deprived devolve to the rest of the eligible heirs with him, if it was not worthy heirs with him moved to its branches, who will solve his place if he had died before the testator.

The properties passed on this form to the deprived sections still covered by legal authority, whether by virtue of the mandate or trusteeship on them or other, and is not entitled to inheritance after their death.

Heir deprived obliged to respond to the legacy of what may be received from the funds since the death of the testator, and proceeds earned from the fruit since the date of death.
Article 27


Lead of the estate, according to the following order:

A. Enough to equip the dead and buried and protocol relating to the extent known.

B. Dead debt.

C. Right Commandment, if any.

D. The rest is distributed among the heirs according to the proportions and arrangement provided for in this law.

E. If you do one of these appointees no order specified devolve legacy or what is left of them to the public treasury funds.

Chapter II layers heirs and quotas inheritance
Article 28


The death of a person of the sons of the Armenian Orthodox community, or persons under the provisions of this law are distributed inheritances and transmitted from the estate of the deceased's rights and movable and real estate funds, whether king or kind Amiri, according to the sequence of the following quotas:

First paragraph: the heirs of the first layer: includes children of the deceased and their descendants, and the descendants of the boys.

Children of the deceased and their descendants inherit their fathers and their assets equally, without discrimination between males and females.

If the boy alive until the death of the testator loses his right of inheritance of branches callers whereby the deceased.

If the branches are all first-class legacy shared equally among them.

If the children of the deceased who died before its branches replaced him and take the stake was accrue to their mother or their father if he were alive and this share they share equally.

If the deceased children of multiple delegation died before him all of the share of each one of them passed on to his children and descendants pitched equally important.

If the deceased one born male or female confined its legacy.

Apply the right background described above in the branches of an important legacy pitched.

Second paragraph: the heirs of the second layer: They are the parents of the deceased and their children and their descendants.

If there are no heirs of the deceased from the first layer to the outcome of the legacy of his parents who are alive evenly.

If one parent has already died before the death of the testator, the branches are taking the share of the estate have been earned by him if he were alive and they share equally without discrimination between males and females According to in the preceding paragraph. And if he has no branches devolved quota it has been earned by him if he were alive to the other father found alive.

If both had died earlier before the death of the testator, the branches each take a stake have been earned by each of them if he were alive and they share equally without discrimination between males and females and in accordance with the provisions of the preceding paragraph.

If you do not share one branch led to the other branches.

Third paragraph: the heirs of the third layer: include grandmothers and grandfathers of the deceased and their descendants.


If there are no heirs of the deceased and of the first layer and the second distribution of the estate between the grandparents on the father and mother equally between them if they were all alive.

If a grandparent father or mother had previously died before the death of the testator outcome of his share of the inheritance to the branches evenly and in accordance with the provisions of the first paragraph and if he has no branches outcome of its stake to the grandfather of the same entity and surviving, and in the case of the death of a grandparent or father maternal grandparents on their branches distributed their share equally and in accordance with the provisions of the first paragraph.

If it is too gene from the father's side or the mother's point Mtovyin without branches will inherit the outcome of their share of inheritance Paljdan who are alive on the other side or if they Pferuahma Mtovyin and in accordance with the provisions of the first paragraph.

Fourth paragraph: Who was the first layers and the second and third branches if won the right to inherit from multiple points of take everything back to him from the authorities.

Fifth paragraph: specified in the preceding paragraphs does not move right of inheritance to the second layer only in the absence of the heirs of the first layer classes also does not move to the third layer only in the absence of the heirs of the first and second classes, taking into account as stated in the conditions the legacy of the parents and spouses.

Sixth paragraph: In the conditions of the parents of the deceased if the heirs of the first class and his parents or one of them alive share sixth parents be jointly or severally.

Seventh paragraph: In couples conditions:

A. Devolved upon a pair of the deceased or his wife's fourth estate in the event of a meeting with the heirs of the first layer.

B. Devolved upon a pair of the deceased or his half of the estate in the event of a meeting with the heirs of the second layer.

C. Devolves to a pair of genes, or 5/6 of the estate of his wife in the event of a meeting with grandparents or someone either from the father or the mother on the one hand without descendants.

D. Worth a pair of the deceased or his full inheritance in the absence of the heirs of the deceased from the first layer and the second layer and the absence of any of the grandfathers and grandmothers.
Article 29


The head of primitive spiritual Court issued a decision in the inventory of the legacy of the deceased identifying heirs and the amount of their shares inheritance in the deliberation room at the written request by one of the heirs together with the testimony of a representative elective body / Mukhtar / at the residence of the deceased must be accompanied with a medical statement from the secretariat civil registry includes civil restrictions for a couple and the parents of the children and relatives of the deceased may be seeking the testimony of the parish priest certified by the local church council.
Article 30


Primitive spiritual court decide on objections submitted documents Inheritance issued in accordance with the preceding Article after inviting opponents and conduct the trial according to the general rules by virtue of a primitive is subject to appeal to the Appellate spiritual Court that separate appeal by virtue of unchallengeable cassation according to the Code of the Syrian trials.
Article 31


Exit is to reconcile the heirs at each output of the inheritance on something unknown.

If you exit one of the heirs with the last of them deserved his share and was replaced in the estate.


If you exit one of the heirs to the Bagehm had paid him his share of the estate department, including the rate of their shares albeit paid their money was not provided for in the contract exit on dividing the share of overseas department the way for them by pushing them all.
Article 32


The married priests belonging to the Armenian Orthodox community, including specialized subject of inheritance to the legal provisions relating to the laity (civilians), in accordance with the provisions of this law.
Article 33


Entitled to unmarried clergy (monks and nuns) to inherit.
Article 34


The byproducts of unmarried clergy (monks and nuns) belonging to the movable and immovable property of the Orthodox Armenian community all of which date back to the parish that serve them.
General provisions

Article 35


This law applies to the children of the Armenian Orthodox community, and to all persons subject to its provisions, and specializes in primitive spiritual and the appellate court for the range given in the proceedings.

Is a son of the sect Armenian Orthodox all born of a father belongs.
Article 36


- Primitive and spiritual appellate court applied the provisions of the suits Syrian Procedure Code and the proceedings are held in front of them and the trial is taking place in according with the procedures for the civil courts beginning.

- Spiritual court shall apply the provisions of Syrian law of evidence, and the evidence may testify in all cases except in cases of financial and conflicts that are contrary to or beyond what it included a written guide.

- Outgoing and organization of primitive spiritual court documents in the deliberation room is considered in accordance with the provisions of this law are correct and the window to be eliminated invalidity or modified in the district of rivalry.

- Litigants may resume the provisions of primitive spiritual Court to the Appellate Court and the spiritual for them to challenge before the Court of Cassation in the Syrian judgments of the Court of Appeal.
Article 37


Everything not provided for in this Law, the provisions of the Syrian Civil Code concerning testamentary inheritance and estate apply are not in conflict with him.
Article
38

Provisions of inheritance, wills apply from the date of entry into force of the Legislative Decree No. / 76 / dated 26/09/2010, without prejudice to the acquired rights.