Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Lebanon

Code of Civil Procedure1

L.D. No 90, 16 September 1983

[…]

Article 2:

The courts are bound by the principle of the hierarchy of rules.

In the event of conflict between the provisions of international treaties and those of ordinary laws, the former prevail over the latter.

The courts may not annul legislative acts on the grounds of inconsistency of the ordinary laws with the Constitution or with international treaties.

[…]

Article 74:

The international jurisdiction of Lebanese courts is governed in principle by the provisions related to internal jurisdiction, irrespective of the Lebanese or foreign nationality of the parties.

Article 75:

The Lebanese courts have jurisdiction over personal status matters when the involved parties are Lebanese nationals.

Article 76:

The Lebanese courts have jurisdiction over any dispute relating to a Lebanese citizen or to interests located in Lebanon, provided no other courts have jurisdiction over such dispute.

Article 77:

Proceedings relating to the validity or the breach of a concession granted or acknowledged by the Lebanese state must be brought before the Lebanese courts, without prejudice to the provisions of article 762 para. 3 and article 809 para. 2 of this Code.

Article 78:

In addition to the situations provided for in the preceding Articles, and without prejudice to the provisions of the Legislative Decree No 34 dated 5 August 1967, the Lebanese courts have jurisdiction over proceedings brought against any Lebanese or foreign person who lacks an effective or elected domicile or a place of residence in Lebanon, in the following situations:

  1. - when the proceedings relate to an asset located in Lebanon at the time of notification of the claim, or to a contract entered into in Lebanon or with respect to which one of the principal obligations is to be carried out in Lebanon.

  2. p. 3454- when the subject matter of the claim is a temporary or protective measure to be enforced in Lebanon.

  3. - when the subject matter of the proceedings is to deliver a child to his/her custodian, if the former is in Lebanon or if the latter is domiciled in Lebanon.

  4. - when the proceedings relate to the legitimate filiation of a minor or parental authority or guardianship, or to the guardianship over the assets of a person who is under petition for judicial interdiction or judicial assistance, if the said minor or person is in Lebanon.

  5. - when the subject matter of the proceedings is the opposition to a marriage that will be celebrated in Lebanon.

Article 79:

The Lebanese courts have jurisdiction over disputes arising from a marriage celebrated in a foreign country between Lebanese, or between Lebanese and foreigners, in the civil form provided for in such a country, without prejudice to the laws relating to the jurisdiction of Muslim and Druze courts when the spouses are both members of Mahometan communities and one of them at least is a Lebanese national.

Article 80:

The lack of jurisdiction of Lebanese courts is governed by the rules relating to the lack of internal territorial jurisdiction, and it is non-mandatory unless it relates to a case of mandatory jurisdiction.

[…]

Article 142:

It is not required to bring evidence of the existence of Lebanese law. As to foreign law, the burden of proving its content rests on the party which alleges its application, unless such content falls within the knowledge of the judge. If it is impossible to prove the content of foreign law, the judge will rule on the merits on the basis of Lebanese law.

[…]

Article 1010:

Foreign judgments cannot be enforced in Lebanon through enforcement measures over assets or constraint measures over people unless they are granted exequatur under the conditions provided for in this Section.

However, before the grant of exequatur a foreign judgment can be produced as evidence or serve as a basis for protective measures such as real estate protective registration, receivership, request of debts by the official receiver or the latter’s intervention in bankrupcy proceedings, sequester of property, seizure under a prior claim, garnishment; the request for exequatur stands for the proceedings for establishing the attachment or the proceeedings for validity of the debt.

[…]

Article 1012:

Foreign judgments on capacity or personal status determinations, as well as non-adversarial judgments, produce their effects de jure in Lebanon without being subject to exequatur, provided such judgments are not disputed.

Measures such as registration, rectification or deletion of entries in civil status registers are considered as execution measures within the meaning referred to in Article 1010.

[…]p. 3455

Article 1014:

A foreign judgment is granted exequatur when each of the following conditions are met:

  • The judgment has been issued by a court that has jurisdiction under the rules of the state of issuance, provided such jurisdiction is not merely based on the claimant’s nationality; if two foreign judgments are issued in different states on the same matter and between the same parties, exequatur will be granted to the judgment that meets the requirements of Lebanese law relating to international jurisdiction.

  • the judgment has res judicata effect and is enforceable in the state where it has been issued; however exequatur may be granted to non-adversarial judgments and temporary judgments that have become enforceable in the said state.

  • the defendant has been notified of the legal action that led to the judgment and has been granted due process.

  • the judgment has been issued in the name of a state whose laws authorize the enforcement of Lebanese judgments after reviewing them or granting them exequatur.

  • the judgment involves no contravention of public policy.

Article 1015:

The Lebanese court ruling on exequatur may not revise the merits of the foreign judgment at the request of the defendant, except in one of the following events:

  • when it is established that the foreign judgment was based on documents that have been deemed or declared false after the judgment was rendered.

  • when decisive documents that one of the parties prevented from being produced have been found after the judgment was rendered.

  • when the foreign judgment contains a contradiction within its enacting terms.

  • when it is established that the state in the name of which the foreign judgment was rendered requires revision of the merits of Lebanese judgments before granting them exequatur.

Article 1016:

The Lebanese courts will not grant exequatur in the following cases:

  • when a final judgment has been rendered by a Lebanese court in the same dispute that has led to the rendering of the foreign judgment and between the same parties.

  • when proceedings in the same dispute and between the same parties are still pending before the Lebanese courts, and were brought prior to the date of the action that has led to the foreign judgment.

[…]

Code of Real Property2

Decree No 3339, 12 November 1930

[…]p. 3456

Article 231:

The foreigner has no intestate or testamentary right in estate inheritance unless the laws of his country grant such a right to Syrians and Lebanese.

The intestate or testamentary estate inheritance of the foreigner is governed by his national law.

[…]

Decree No 141, 3 October 19333

Prerogatives of consular authorities and obligations of local authorities in a foreign succession or a succession of foreigners

[…]

Article 9:

The inheritance is determined in accordance with the national law of the deceased. The authority in charge of settling the difficulties arising from the inheritance determination may contact the consul in order to obtain any clarifications relating to the law governing inheritance and its application and may even hear the consul as an official expert if he so agrees.

[…]

Decree No 109, 14 May 19354

Courts’ jurisdiction in personal status matters

Article 1:

Civil courts have sole jurisdiction over actions relating to the personal status of one or more foreigners, when at least one of them is the national of a state where personal status is governed, by virtue of its laws in force, by civil law.

[…]

Decree No 53, 30 March 19395

Article 1:

Muslims are and remain excluded from the scope of application of L.D. No 60 of 13 March 1936 on the status of religious communities and of L.D. No 146 of 18 November 1938 amending and completing L.D. No 60.

[…]p. 3457

Law of 23 June 19596

Inheritance of non-Muslims

[…]

Article 54:

A will made in Lebanon must either be made in the authentic [duly certified] form or written by the testator [secret will].

As to the will made by a Lebanese citizen in a foreign country, it must be made and homologated either in accordance with the procedures prescribed in the present law, or in accordance with the procedures by virtue of which authentic deeds are homologated in the foreign country where the will is made.

Article 55:

The authentic [duly certified] will is established before a notary public.

Article 56:

The will may be made by the testator, who must write it by hand, sign it and date it himself; in such a case, the testator or his special representative must deposit the will in a red wax sealed envelope before a notary public who will homologate the seal.

The existence of this will must be recorded in a special register.

If the will is made in a foreign country, it must be deposited either with a notary public or with the Lebanese consul.

[…]

Law of 2 April 19517

Determination of the jurisdiction of religious courts for Christian and Israelite Communities

[…]

Article 19, para. 2:

The change of nationality that occurs after celebration of a marriage has no effect on the application of the proceedings and rules laid down in the present law.

[…]

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).

Unofficial translation by Prof. Marie-Claude Najm Kobeh, Faculty of Law and Political Science, Saint Joseph University, Beirut (Lebanon).