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Act 1 Of 2010 Amending Law Promulgated By Legislative Decree 84 1953

Original Language Title: القانون 1 لعام 2010 تعديل قانون أصول المحاكمات الصادر بالمرسوم التشريعي 84 لعام 1953

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Law No. 1 of 2010 Amendment of the Law of the Assets of Trials promulgated by Legislative Decree 84 of 1953


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Act No. 1 of 2010
Date-birth: 2010-01-04 History-Hjri: 1431-01-19
Published as: 2010-01-04
Section: A law.

Information on this Act:
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Act 1 of 2010
Amendment of the Code of the Assets of Trials promulgated by Legislative Decree 84 of 1953

President
Based on the Constitution

As approved by the People's Assembly at its ongoing session, 13-1-1431 A.H. 29-12-2009
The following are issued:

Article 1

Amend the due process law Legislative Decree No. 84 of 1953 Its amendments are as follows:

Article 2

Amend the amount in article 61 to become 200,000 Syrian pounds instead of 3,000 Syrian pounds.

Article 3

Amend the amount in Article 62 to become 200,000 Syrian pounds instead of 10,000 Syrian pounds

Article 4

Amend the amount in paragraph (a) of article 75 to 20 thousand Syrian pounds Instead of a thousand Syrian pounds

Article 5

Article 82 is repealed and replaced with the following:
1. In real estate cases, real estate and property claims, the jurisdiction of the court in which the property is located, or one of its parts, is jurisdiction if it is a reality in multiple courts and if there is a plurality of real estate, the jurisdiction of the court, one of which is located in its circle.
2. The rules of domestic jurisdiction set forth in paragraph 1 of the General Regulations shall be considered. The Court must raise it on its own initiative and may be raised at any stage of the proceedings.

Article 6

Article 12/1 shall be deleted and replaced with the following:
1. A default may be fixed against an employee only after an hour has elapsed since the designated date of the trial.
2. The effects of backwardness shall not apply to the redneck who sent a legitimate pardon before the date of the hearing and returns to the Court. Excuse me.
3. In the event that an excuse is accepted, the meeting shall be postponed and the redneck that has accepted the date of the new appointment shall be regarded as the new date.
4. In the case of the placement of the case for any reason, the new appointment was announced on the Court's bulletin board the day after the placement and this announcement is considered a notification to those who were present prior to the placement hearing.

Article 7

The article/179 is repealed and will be read out in the following text:
1. A request for reply shall be submitted to the competent court for the examination of a request for reply by a lawyer registered in the table of the professors on the basis of special power of attorney.
2. The summons must include the reason or the reasons on which the student of reply and the evidence supporting him are based.
3. A student of reply shall be placed in the order of 5000 Syrian pounds if it is requested by a judge of first or second instance or by a representative of the prosecution service and 10,000 Syrian pounds if it is requested by the judges of the Court of Cassation or by a representative of the Prosecutor's Office. Twenty-five thousand Syrian pounds if one of the judges of the General Authority of the Court of Cassation or one of its public prosecutors is required to lobby.
4. The request appears in form in the absence of previous conditions

Article 8

Article/189 shall be repealed and shall be read out in the following text:
1. The submission of a request for reply does not have the effect of suspending the original proceedings unless there are reasons to do so. The principal court decides to request a response at that time, even before the notification of the original proceedings has been reported, indicating the reasons.
2. If the Court decides to discontinue the case and the other deduction is requested by a judge instead of who requested his reply and the case for the wheel, the court decided to do so.
3. If the judge requested his reply to the original suit and then an application for his reply was accepted by judgement, the judgement in the original case was considered null and void in response to the fact that the declaration of nullity of the judgement in question must be declared invalid by a note to be submitted to the principal court in the appeal at any stage on which it was. The appeal and this court is to decide the nullity for this reason.
4. To be able to respond if the appeal is too late or the appeal is decided to proceed to the trial court, which issued the judgement in the original case or to the Court of Cassation in case the sentenced judge, one of its judges, was required to declare it invalid within fifteen days of the date of the acquisition of the judgement. Outbound by Accept Reply
5. The Court shall decide on the application in the Chamber of study fifteen days after the date of the communication to the other adversary. If the declaration of the nullity is decided, the original suit shall be considered in accordance with the usual assets.

Article 9

Add to the last paragraph (1) of Article (315) the following phrase:
(whose money is located in the circle of money that is required to make a reservation or if the money is located in more than one circle, and the request for a reservation is automatically received in case of lack of local jurisdiction.

Article 10

The article (317) is repealed and will be read out in the following text:
1. A reservation student must deposit an amount equal to 3 % of the reserved amount for it or ensure an insurance equalization of compensation to be reserved for it.
2. In an unspecified case, the applicant appreciates the claim for the right of the defendant
3. A reservation student is exempted from the deposit if the bond under which the reservation is required is an official judgement or an official basis, and the booking student is exempted if it is a public party or a public bank.
4. In the case of a denial of the right of origin, the court requires the person to be insured for the amount of insurance, without prejudice to the right to claim additional compensation when the provision is made
5. Reinsurance to a booking student in case of judgement of a judgement concluded

Article 11

Add to article (321) paragraph (4) according to the following text:
4. The Tribunal may limit the scope of the reservation to adequate fulfilment of the right and decide to remove it from the remaining funds seized

Article 12

The article/322 shall be repealed and shall be read out in the following text:
1. The judgement shall issue a response to the request for the seizure, short or removal of the reservation, or the appeal against the decision in respect of whether the judgement of the Dispute Tribunal is concluded and is subject to appeal if the judgement of the origin of the dispute is subject to appeal. The judgement of the Court of Appeal is concluded

Article 13

The article 491 is repealed and will be reported as follows:
1. A lawsuit is filed by a lawyer registered in the professors' table on the basis of a special power of attorney.
2. The summons must include the mucous faces and their evidence and should be accompanied by pro-certified papers which feel that they have been highlighted in the case in which the judgement was in place of the mucus.
3. It shall be deposited with a summons of twenty-five thousand Syrian pounds if the judge or judge for fear is from the judges of the Court of Cassation and 10,000 Syrian pounds in case the rest of the judges are stigmatized, no matter how many of the judges are in the form of a single court.

Article 14

The article/494 shall be repealed and shall be read out in the following text:
If the case is dismissed, form or subject, the student has confiscated the insurance.

Article 15

The various courts that are not competent locally by virtue of this law refer cases to the courts that have become competent to consider them without any request, fee or treatment and other cases. The courts before them have a perspective on the date of entry into force of this law and in case of renewal of the case. by the competent court in accordance with the provisions of this law.

Article 16

All provisions in violation of this law shall be repealed wherever received

Rule 17

This law is published in the Official Journal and is considered to be effective 60 days after the date of its promulgation.
Damascus in 19-1-1431 A.H. For 4-2010

President
Bashar al-Assad

Lawyer Naam Al-Masri












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