Law 31 Of 2010 Establishment Closet Retired Lawyers

Original Language Title: القانون 31 لعام 2010 إنشاء مؤسسة خزانة تقاعد المحامين

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4513&RID=-1&Last=10058&First=0&CurrentPage=5&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 31 of 2010 establishment closet retired President lawyers based on the Constitution and approved by the NPC at its meeting on 10/11/1431 h 18/10/2010 m.

Issued: chapter I create closet retirement and article 1 resources originate in the Bar Foundation for retirement claims retirement wardrobe Foundation lawyers.

Article 2 purpose the institution that advocates pensions and believes compensation and benefits in accordance with the provisions of this law.

Article 3-a-closet retirement legal person represented by the Bar Association, and his Deputy in his absence. 

B-Bâtonnier is headed by General Conference, Treasury Board and implemented their decisions and signed contracts approved by the Board, and the right to litigate on behalf of the Corporation and the right of intervention by himself or by his Deputy Counsel, in each case to them.

Article 4-Treasury resources consist of: 1. the proceeds. 

2. fees for the benefit of the Treasury under professors and trainees and to re-enrollment and transportation from branch to branch. 

3. judicial agencies certification fees. 

4. the ratio of fee which awarded law firm in accordance with the provisions of law regulating the profession. 

Five-eighths pleading stamps. 

6. Treasury funds and investment revenue. 

7. gifts and bequests. 

8. other resources. 

B-get the retirement of Treasury share the fees governed in accordance with the provisions of law regulating the legal profession, according to procedures in collecting legal fees and court offices Presidents stick stamps pleading meeting fees equivalent proportion mentioned in item (4) of paragraph (a) of this article to judge when you take it out. 

C-Corporation own movable and immovable property and reported her name.

Chapter II article 5-Treasury management specialized bar Conference in the following terms: 1. ratification of final account for the last financial year. 

2. adoption of the annual budget submitted by the Treasury Board. 

3. identification of proceeds and charges for applicants and lawyers annually based on Treasury Board's proposal. 

4. Select the full pension amount based on Treasury Board's proposal. 

5. determining the documents and stamps plastered down these stamps, at the suggestion of the Treasury Board. And the General Conference on the proposal of the Treasury Board modify eighths accompanying stamps. 

6. decide which things submitted by the Board of Directors. 

7. election observers to retirement and his associate's closet, or more. 

8. set the legal Inspector. 

B-subject Union of General Conference resolution based on item (5) of paragraph a of this article to believe Justice Minister.

Article 6a-manages the Treasury Board is the Bar Council. 

B-Secretary of the Guild and its Treasurer functions of Secretary and Treasurer of the retirement wardrobe Foundation.

Article 7 a General Conference shall elect from among its members one or more observers and his friend to check the Treasury transactions. 

B-the observer to bring notes with the invitation of the President and Council pronounce without may participate in the vote. 

C all decisions of the Council shall report to the Superintendent and his right to appeal by duly specified in this law. 

D-Board members expires and, inevitably associate expiry Guild Council.

Article 8-the Board shall meet at the invitation of the Chairperson or at the request of one third of its members. 

B-be a legal Board meeting in the presence of a majority of members and decisions by a majority of those present if this vote outweighs the side voice beside her Chair.

Article 9 the Council is responsible for the Treasury and of the functions in accordance with the provisions of the law: 1. collect money and saved and invested. 

2. submit the proposal to the General Conference of the Guild on full pension and pension proceeds and charges and pleading stamps mentioned in items (3) and (5) of paragraph (a) of article (5) of this Act. 

3. the lawyer referral report on retirement and pension rights filter based on the proposal of the Council of the relevant branch. 

4. the granting of subsidies and the enlist after quantify relevant branch Board. 

5. set the Cabinet Foundation factors. 

6. adoption of the expenditure required by the Treasury Department within the limits of the appropriations earmarked in the budget. 

7. all other matters relating to the Treasury.

Article 10-final account submitted by the Board for the previous financial year to the General Conference for approval.

B the Council shall each year balance next fiscal year which begins from the first January and shall submit it to the General Conference for ratification during a Union budget. 

C-if exceptional circumstances prevented the convening of the General Conference at its regular engagements and believe the final account of revenue and expenditure budget continue based on the previous budget to meet the General Conference approves the new budget.

Article 11-deposit money in the Bank and financial values referencing or more banks appointed by decision of the Treasury Board. 

B-it is not permissible to dispose of Treasury funds only by a decision of the Council. 

C deposit and sign them Exchange orders President and Treasurer combined or substitutes in case of their absence. 

D-if the Treasurer of his duties for whatever reason the Governing Council assigned designee from among its members for the duration of his absence. 

-Treasurer that retains the amount posted sharply higher Treasury Board decision.

Article 12 into account in determining pension and other expenses put retirement wardrobe budget does not exceed the total discharges of five and eighty per cent of imports and saves the rest in the name of the reserve funds.

Chapter III salaries and compensation article 13 Counsel asks his retirement if they meet the following conditions: (a) to have his name in a table. B-be already has the legal profession before the Syrian courts 30 years continuous or discrete, including a practice provided that not more than three years, or have completed 60 years of age. C-have paid the annual fee required for Guild Fund and retirement all the closet a practice law requiring entered in a retirement account and be innocent of disclosure of all financial obligations towards the Union and retirement Foundation.

Article 14


A physical practice is if the lawyer practising in admissions in the courts or judicial boards or committees of different types and proves that the provisions and official documentation supporting counsel Uploader 15 issue of at least one year and are not included in the letter of Attorney lawsuits spotter or actions that have not vested primarily or only in a practice. A-must submit the request to install an annual exercise previous year to branch Council and must request install exercise previous years not being installed during a period ending one year after the date of entry into force of this law under penalty of loss of the right to install the practice periods. B the entitlement to request installation exercise duration where counsel establishment in Syrian Arabic Republic for at least six months in each year. (C) if different data provider shall be referred to the Disciplinary Council statement and that the term is being dropped from practice.

Article 15 a – intervention in calculating the duration of practice the following durations: 1. time served lawyer lawyers captain or President of the branch or member of the Council of the bar.

2. duration of illness which prevented the lawyer.

3. a compelling emergency that prevented the lawyer to practise and are not included in this long period of absence from practice because of judicial or disciplinary measure.

4. the duration of compulsory military service and backup provided within another pension account.

B-the duration may not exceed mentioned in items (2, 3, 4) Fifteen percent of a practice provided that the lawyer has to pay legal fees for this support.

Article 16 counsel branch Chairman foreshadowing late payment of royalties in the Bulletin Board section, if it pays within 60 days to overlook his name from the table by decision of the Council of the bar.

Article 17 a-assigned lawyer deserves full pension retirement if the conveyance thirty years according to the provisions of this law.

B-If a lawyer's practice 30 years worth of additional bonus on full pension equivalent part of thirty part for every year this allowance shall not exceed in any case half the full pension and is not considered part of the year in the premium account.

Article 18 if a profession he practised lawyer worth more than fifteen years and less than thirty years monthly pension equivalent to part of thirty part of full pension multiplied by the number of Sunni practice provided that the lawyer had completed sixty years of age, with the exception of age requirement to practice the lawyer profession twenty five years.

Article 19 deserves an attorney who did 60 years old and had not completed fifteen years practice compensation equivalent to the full monthly pension multiplied by the number of Sunni practice.

Article 20 a-benefit from the provisions of this law of previously recorded in bar table before the date of entry into force of this law and exceeded 45 of age under the following conditions: 1. to exonerate wishing to benefit by paying towards the Union branch funds the previous application periods set forth in item 3 of this article.

2. to pay fees to the Fund for the retirement and annual fees cabinet from the date recorded as of the date of application as calculated fees and arranges date each year.

3. to submit the request to its section Council within a period of six months following the date of entry into force of this law, an application declaring his desire to benefit from the provisions of this law and to attach the receipts and the clearance fee referred to in items (1 and 2) of this article. With the documents adopted in proving actual practice law firm during the time that requests are calculated. All fall foul of the right to benefit from the provisions of this law.

B-relevant branch Council checks the availability of all the above requirements and transmit the request file to the Treasury Board with its proposal in preparation for action.

C-the right to benefit from the provisions of this article one year after the date of entry into force of this law, except in cases of "death" and "total" deficit immediately after either of them.

Article 21 a-referred to retire if lawyer totally without reason and become permanently unable to work and pension is granted as follows: 1. If law practice for more than fifteen years deserves a full pension.

2. If the duration of between ten and fifteen years worth three quarters of pension.

3. If the duration of between five and ten years worth half a pension.

4. If the duration is less than five years worth a quarter pension.

B-If the deficit while the lawyer pleading or resulted because the profession deserves full pension regardless of the duration of the exercise of the profession.

C-If the deficit in the cases mentioned to death tending pension goes to eligible family members according to the provisions of this law.

D-disability proves Medical Commission report issued by decision of the Board of Directors.

-In the event of death of the lawyer is not because of the reasons mentioned in paragraphs (a) and (b) eligible pension granted in accordance with the provisions of paragraph (a).

And assigned counsel beneficiaries eligible to retire or after his death from any increase in the pension.

G-Defender assigned to retire due to disability for preview by the Medical Committee if so and reconsider his retirement decision in light of the Commission's report.

Article 22 of pension rights and grants in abundance may be waived for one and only booked granted payment of alimony or for retirement or the Union Treasury is required within the accepted lineage book State workers ' salaries.

Article 23 delete the names of lawyers of retirement retired lawyers and retired lawyers registered they shall then practise, the governing body may authorize the Attorney assigned to non-retirement because his clients ' claims to supplement patients that were pending before the courts before his retirement.

Article 24 of the lawyer after his retirement request return to practise provided they have the conditions contained in article 9 of the law regulating the legal profession and not exceeded 65 years of age and stop cashing pension lawyer during his practice law when requesting his retirement again subsequent service is related to the previous period and the new pension calculated on this basis.

Article 25


Lawyers say the writing off the naming of the table before the disciplinary board is not deprived of pensions or awards and grants that they deserve.

Article 26 right to pension or compensation from the date of acquisition of the retirement decision peremptory class and in case of death arises right from the day of death and disability from the date of actual occurrences.

Article 27 travel grant and pension rights to counsel under the provisions of this Act to the deserving them according to the following: a wife or wives or husbands. B-boys who have not completed 18 years of age or who ordinarily and meet the requirements set forth in paragraph (b) of article 30 of this law. C-boys with disabilities prevent them from earning their livelihood if they weren't sufficient to survive, no matter how old, these pensions shall be reviewed under this paragraph every three years at the most. D-unmarried daughters or widows or divorced women if their business or their ration of income sufficient resource. Exceptionally right-for parents and unmarried sisters who are bereft of adequate subsistence livelihoods to claim their pensions for injures or cheering their loser brothers of deceased if including when death the following conditions: 1. be proved counsel them support his life.

2. don't have another provider is able to accommodate a particular resource or equivalent value of pension entitlements or increase it.

Article 28 Treasury Board verifies the conditions stipulated in the preceding article in the ways he sees fit with the civil status records.

Article 29 distributes pension which he was receiving attorney on his death or that he deserved if the next day were filtered on death between him and deserving equal quotas to allocate three servings for the wife or wives or husbands and one serving for each of the eligible male and female children and share one of the sisters, whatever their numbers and share one of the parents share is distributed evenly between the partners share the deceased lawyer is the birthright of the Treasury.

B-unlike in the previous paragraph are worth the wife or wives or spouse three quarters of pension in the absence of other receivable and keeps the remaining quarter of the closet.

Article 30-wife pension cuts when her marriage or death and become the birthright of the Treasury unless her children from her husband deceased lawyer and they receive a pension, the pension cut date distributes a half pension including evenly and this applies to the spouse's pension when he dies. 

B-boys pension cuts when they reach 18 years of age unless they case they reach age study mentioned and they are unable to perform their expenditures, persevere to give them a pension until they get a high or certificates completed 27 of age – whichever is earlier – provided you follow the study without interruption and cuts their if they fail after completion of 21 more than twice.

C-the daughters and sisters pension cuts when marriage and returned them pension if widows or divorced or abandoned by virtue of divorce alimony with no dropouts on the husband to the wife when the communities shall then divorce. If you were married until the death of their traditional and did not benefit from the pension and widows or divorced or abandoned within the meaning of this paragraph, give their share of pension in accordance with the provisions of this law.

Article 31 depends on age of student enrollment in the Guild and counsel and civil status and limitations of eligible no lesson to current patch, if birth day unknown age is calculated from the first day of birth.

Article 32 cuts pension at any time if the conditions established for the loss of a scholarship.

Article 33 proves the lack of resources and an inability to perform the study expenses investigation by Treasury Board in ways that it deems appropriate and proven by a certificate from the Medical Committee formed under the provisions of this law.

Article 34 if eligible or dies right down his stake and become the birthright of the Treasury either lump share part of one of the parents or sisters fully custom parts added to other owners of that quota.

Article 35 may combine pensions payable under the provisions of this law from the closet.

Article 36 a-falling pension rights once the lawyer if the Syrian Arabic nationality or nationality which was exercised on the basis of law and became a non-Arab State. 

In this case counsel rights pensions to eligible, obtain compensation that they deserve a full lawyer and obtain pension after dropping his share which keep the birthright of closet retirement provided they of Syrian Arabic nationality or nationality of an Arab State.

B-down pension rights on the receivable if Syrian Arabic nationality or citizenship which was his pension entitlement when it became a non-Arab State.

Chapter IV methods of review article 37 to the retirement requests and allocation of compensation and other subjects provided for in this law apply to the President of the relevant branch book stating the caller's name and surname and place of residence (in the section) and requests clearly and accompanied with documents and gives the caller a receipt stating the subject of the request and received and what documents highlighted. 

The head of the branch checks or their designee or documents, even if the caller takes shortages found in writing completed during at least one week specified by him, if no duration complement showing demand for the Council to decide in the light of the highlighted leaves.

 



Article 38 section Council considers requests submitted to him, and him in the things he sees holding technical preview or hiring experts or clarification from the relevant departments and suggests what he sees in this topic and transmit the file to the Board to decide on the request.

Article 39 Governing Council decisions which do not have as final decisions does not accept any review would even be challenged with the final decision to the Court of Cassation.

Article 40 final Board decisions subject to appeal in cassation according to the conditions and deadlines, rules and assets provided for in law regulating the legal profession and exempt from appeal requests fees and insurance and surety and stamps.

Chapter v article 41 hearing stamps


Treasury Board shall retire under the supervision of the Ministry of Justice and stamps order fees provided for in this law and classified and quantified and printed and only persons recruited for this purpose to buy these stamps under a licence obtained from the Chairman or his representative of the heads of the branches.

Article 42 pleading stamps affixed – lawyers – the assets and judicial agencies photos.

Article 43 a-judicial agencies are ratification by the President of the branch or from unscrupulous for this purpose and meets section to calculate retirement closet character pleading for ratification. 

B-in of unscrupulous ratification Branch Chief judicial agencies to be lawyers enrolled in lawyers professors.

Article 44 into account in organizing assets and believe and judicial agencies keeping and give pictures of all the requirements prescribed in the code book.

Article 45 General Treasury rights remain valid and meet agencies for the benefit of the Treasury.

Article 46 swears Chief right enshrined in article 10 of the law on notaries to the Minister of Justice and the right to be Chairman of the Board delegates the mentioned section.

Article 47 believe judicial agencies in the places where the branch Council does not support anyone under conditions prescribed by law.

Article 48 a-stick nature plead by counsel on trial set, regardless of the type of proceeding by or brought in first session attended. 

B in cases that consider uninvited liabilities, agency or character pastes on the first call or regulation.

Article 49 pasting stamps and nullify the date (day, month and year) write or ring or signature. And if the heroes addresses several stamps must be clear so that it is impossible to reuse these stamps and must extend beyond the boundaries of Heroes stamp or stamps affixed.

Article 50 did not vary and multiple character Pocket lawyers per client nor multiple case private lawyer representing several clients.

Article 51 apply to breaches of the provisions applicable to hearing stamps stamps violators provided for in the legislation in force. That in all cases the nature of the fee going to the closet retired lawyers.

Chapter vi General provisions article 52.-the Board of Directors financial regulations and rules and other regulations for the application of the provisions of this law. 

B-regulations established by the Board to the General Conference for approval and published after ratification of the Minister of Justice in the Official Gazette. 

C-if not published regulations within two months from the date of receipt by the Department of Justice considers the window.

Article 53 solve retirement wardrobe Foundation lawyers in rights and obligations replaces the existing Foundation date of this law and this money belongs movable and immovable.

Article 54 subject Lawyers Union workers and branches or closet retirement or their institutions to the provisions of this Act do not apply to them in this case legal provisions of labour and social insurance.

Article 55 exempts pension and Treasury funds and institutions which occur under the provisions of this law of all mandated financial or tax or insurance or draw the nature or costs of municipal and financial guarantees whatsoever.

Article 56 repealed law (53) 31/12/1972 date and text in violation of this law and keep decisions based on his judgment pending window alternative decisions in accordance with the provisions of this law.

Article 57 this law shall be published in the Official Gazette. 



Damascus in 18/11/1431 Hijri to Gregorian 26/10/2010 President



Bashar Al-Assad, Egyptian populate Attorney