Civil Procedure

An action is the right of every person with a claim to bring it before the courts for adjudication on its merits. With respect to the opposing party, it is the right to raise grounds of defence or a plea aimed at defeating that claim. The right to sue and the right to defend shall vest in every natural or legal person, whether Lebanese or foreign.

The Public Prosecution shall have the right to sue in the cases designated by law (1), and in matters relating to public order when facts or acts likely to disturb it occur.

An action shall be available to anyone with an existing legal interest, or who does not seek thereby merely to establish a right whose existence is disputed, to guard against a possible or future harm, or to preserve evidence of a right the proof of which is feared to be lost upon dispute thereof — except in cases where the law restricts to specific persons of a defined capacity the right to submit, contest or defend a particular interest. No claim, plea or defence submitted by or against a person who lacks standing shall be admissible.

The right to sue and the right to defend are governed by the requirement of good faith in their exercise; every claim or plea submitted in an abusive manner shall be dismissed, and whoever submits it shall be exposed to liability for the damage caused thereby.

The court shall, of its own motion, impose on the abusive party a fine of not less than forty thousand Lebanese pounds and not more than two million Lebanese pounds.

The capacity to litigate shall be governed by the law of the litigant's state. The law of the state of the person who lacks or has limited capacity, or who is missing, shall govern matters relating to their supervision and representation.

At every stage of proceedings, the court shall verify legal capacity to litigate and the validity of the representation of persons who lack or have limited capacity, or who are missing.

Where the personal status law applicable to a party requires the representative of a person lacking or with limited capacity, or of a missing person, to obtain judicial authorisation to litigate, the court before which the action must be brought may grant such authorisation, which shall remain valid at all stages of the proceedings and enforcement.

Where an action is brought against a person lacking or with limited capacity, or against a missing person who has no legal representative, or where an action is brought against a defendant who is discovered to be deceased or who dies during the proceedings and whose heirs cannot be identified, the court hearing the action may effect service by publication in the Official Gazette and in two local daily newspapers designated by the court. Two months after the last publication, the court shall appoint a special representative to stand in the place of the legal representative or the heirs if no legal representative for the heirs, the incapacitated person or the missing person has appeared. The special representative shall remain in that capacity at all stages of the proceedings and before the enforcement departments until a legal representative is appointed or the heirs are identified. The special representative may not make admissions (1), grant waivers, lodge appeals, enter into settlements or submit to a claim. The remuneration of the special representative shall be fixed by order of the court that appointed them and shall be considered as part of the costs of the action.

Jurisdiction is of four types:

1. 1)International jurisdiction: determining the state whose judicial body is competent to hear the action.
2. 2)Subject-matter jurisdiction (functional): determining the judicial authority competent to hear the action.
3. 3)Rational jurisdiction (material): determining the category and level of the court within the same judicial authority.
4. 4)Territorial jurisdiction: determining which court among courts of the same category and level has the power to hear the action.

The First President of the Court of Cassation shall, by a non-appealable order, settle disputes arising from the work-distribution order between the chambers of that court. The First President of the Court of Appeal shall, by a non-appealable order, settle disputes arising from the work-distribution order between the chambers of that court, and disputes arising from the distribution order between the chambers and divisions of the court of first instance. An order of the First President referred to above is purely administrative in character and does not affect the merits.

An official instrument shall also constitute full proof as against third parties of all facts recorded therein, but only to the extent that those facts cannot be contradicted by any means of proof.

If an official instrument is null and void as such by reason of incompetence of the official who drew it up or a defect in the prescribed form, it shall nonetheless be valid as a private document if signed by the parties.

Copies and transcripts of official instruments shall have the same probative value as the original, in accordance with the conditions established by law.

A private document is any signed writing that is not an official instrument.

A private document acknowledged by the party against whom it is relied upon, or legally deemed to be acknowledged, shall constitute full proof between the parties and their successors.

A party against whom a private document is relied upon shall acknowledge or deny their signature, and if they are heirs or successors, they may declare that they do not know whether the signature is that of their predecessor. Denial or declaration of ignorance must be explicit; silence shall not be deemed acknowledgement.

A private document shall not be binding on third parties as to its date unless that date is established with certainty, either by registration, by the death of one of the signatories, or by any other certain means.

Account books of merchants shall be admitted as proof against them, provided they are regular. They shall not constitute proof in favour of their holder.

In disputes between merchants, the court may take account books of the parties into consideration, even when they are irregular, and may draw appropriate inferences therefrom.

Domestic books and papers shall not constitute proof in favour of their author. They shall, however, constitute proof against them in the following cases:

1. 1)Where they clearly record a payment received.
2. 2)Where they explicitly state that the entry was made to compensate for a deficiency in the instrument constituting the debt.
3. 3)Where they mention a debt and acknowledge that the amount has been received.

Any note written by the creditor on the margin, at the foot, or on the back of an instrument drawn up by them or delivered to the debtor, and tending to show the liberation of the debtor, shall be deemed proof against the creditor, even if not signed, provided it comes from the creditor.

A telegram shall have the same evidential force as a private document where the original bears the sender's signature. If the original is not available, the telegram may nonetheless be admitted as circumstantial evidence.

Only judgments that have become final or that are declared provisionally enforceable may be executed.

The court may declare a judgment provisionally enforceable, with or without security, where it considers that delay in enforcement would cause irreparable harm.

Provisional enforceability shall be granted where:

1. 1)The dispute concerns maintenance, wages or matters of urgency.
2. 2)The delay in enforcement would cause serious harm to the winning party.
3. 3)The appeal has no real prospect of success.

An appeal against a provisionally enforceable judgment shall not suspend its execution unless the court of appeal so orders, subject to the provision of adequate security by the appellant.

The court may correct material errors and clerical mistakes in judgments of its own motion or at the request of a party. The correction shall be made by means of a supplementary judgment served on the parties.

Where the operative part of a judgment is unclear or ambiguous, any party may apply to the court that rendered it for an interpretation. The interpretation shall be made by means of a supplementary judgment.

Where the court has omitted to rule on one or more of the claims before it, any party may apply to the same court to complete the judgment. The application shall be decided in the same manner as the original action.

Applications for correction, interpretation or completion shall be submitted within three years from the date of service of the judgment, subject to any shorter time limit provided by law.

Recourse against judgments shall be of two types:

1. 1)Ordinary means of recourse: appeal and opposition.
2. 2)Extraordinary means of recourse: cassation, third-party opposition, application for review, and action for rectification of forged judgments.

Ordinary means of recourse are available as of right, without the need to establish a specific ground of error.

Extraordinary means of recourse are available only on the specific grounds provided by law.

Opposition is the means by which a party against whom a default judgment has been rendered seeks to have the judgment set aside and the case retried.

Opposition must be lodged within fifteen days from the date of service of the default judgment on the defaulting party.

Opposition shall be admissible only against default judgments. It shall not be available where the party seeking to oppose appeared at the hearing or was deemed to have been present.

Where opposition is admitted, the default judgment shall be suspended and the case shall be reheard before the same court.

An application for possessory attachment shall be filed with the execution department or with the urgent matters court, as appropriate.

Possessory attachment shall prevent the possessor from disposing of the attached property. The property shall be administered pending the determination of the title dispute.

Possessory attachment shall be released where the applicant fails to bring the principal action within the prescribed time limit, or where the attachment is declared null and void by the court.

Garnishment (hujz lada al-ghayr — garnishment) is a measure by which a creditor attaches sums or assets owed by a third party to the debtor, thereby preventing payment to the debtor pending the determination of the creditor's claim.

Garnishment may be ordered where:

1. 1)The creditor has a claim against the debtor.
2. 2)The debtor has a claim against a third party.
3. 3)The conditions for precautionary or enforcement seizure are met.

An application for garnishment shall be served on the third-party garnishee, who shall be required to declare whether they owe any amounts or hold any assets on behalf of the debtor.

The garnishee shall file a declaration with the execution department within the time limit prescribed by law, stating whether they are indebted to the debtor and, if so, the nature and amount of the debt.

Garnishment shall freeze the assets or sums held by the garnishee to the extent of the creditor's claim. The garnishee shall not make any payment to the debtor after service of the garnishment.

The garnishee who fails to comply with the garnishment order or who makes payment to the debtor in violation thereof shall be personally liable to the attaching creditor for the amount paid.

Garnishment shall be released where:

1. 1)The debtor provides adequate security.
2. 2)The garnishment is declared null and void by the court.
3. 3)The attaching creditor abandons the claim.

Where the creditor obtains judgment, the precautionary garnishment shall be converted into an enforcement garnishment.

Enforcement seizure is the compulsory measure by which a creditor, holding an enforceable judgment, seizes the assets of the debtor in order to satisfy the claim through forced sale.

An appeal shall be admissible where:

1. 1)The judgment is appealable.
2. 2)The appellant has standing to appeal.
3. 3)The appeal is filed within the prescribed time limit.
4. 4)The appeal is filed in the prescribed form.

An appeal shall be filed by means of a writ of appeal served on the opposing party and filed with the registry of the court of appeal.

The writ of appeal shall contain:

1. 1)The names and domiciles of the parties.
2. 2)The judgment under appeal.
3. 3)The grounds of appeal.
4. 4)The relief sought.

The appeal shall be filed with the registry of the court of appeal within one month from the date of service of the judgment on the appellant.

The time limit for filing an appeal shall be one month from the date of service of the judgment, unless the law provides otherwise.

The time limit for filing an appeal shall be extended by one month for parties domiciled outside Lebanon.

The time limit for appeal shall be interrupted by the lodging of an opposition against the judgment, and shall begin to run afresh from the date the opposition is decided.

The time limit for appeal shall be suspended during the period of incapacity or death of a party, and shall begin to run afresh from the resumption of proceedings.

Where the respondent opposes the appeal, the opposition shall be filed within the time limit applicable to appeals, unless the law provides otherwise.

A respondent on appeal may file a cross-appeal against the same judgment, even after the time limit for appeal has expired, provided it is filed before judgment is rendered on the main appeal.

Proceedings before the court of appeal shall follow the procedure applicable before the primary chamber, with the modifications provided in this Chapter.

New claims shall not be admissible on appeal. The court of appeal shall adjudicate only the claims submitted at first instance, within the scope of the grounds of appeal.

New evidence may be adduced on appeal where it was not available at first instance or where it is necessary for the just determination of the appeal.

The court of appeal shall review the case both as to law and as to fact, within the scope of the grounds of appeal raised by the parties.

The court of appeal may affirm, modify or reverse the judgment of the first instance court, or refer the case back to that court in exceptional circumstances provided by law.

The court of appeal shall refer the case back to the first instance court where the first instance judgment is vitiated by a procedural defect that the court of appeal cannot correct itself, or where the case requires a fresh determination of the facts.

Where only one party has appealed, the court of appeal may not render a judgment more unfavourable to that party than the judgment under appeal (reformatio in peius).

The judgment of the court of appeal shall supersede the first instance judgment on all points adjudicated on appeal.

Jurisdiction over all enforcement matters in its district; decisions subject to appeal before the court of appeal.

Exercises all statutory powers including issuing orders, determining objections and supervising enforcement.

Maintains records of all proceedings including seizure records, sale records and distribution statements.

Shall act faithfully, impartially and efficiently under the supervision of the head.

The head may delegate acts to agents or other designated persons.

Borne by the debtor and deducted from the proceeds of the forced sale.

Fixed by law; paid by the requesting party in the first instance, recovered from the debtor.

An agent who causes damage through fault in performance is personally liable to the injured party.

The nature of an action shall be determined by reference to the right it protects: it is personal where the right is personal, real where the right is real, and mixed where the subject-matter involves both rights simultaneously, or where the action seeks the performance, avoidance, rescission, or nullification of a contract based on a real right. Actions that do not fall within the categories referred to in the first paragraph, notably those concerning non-patrimonial rights, shall be treated as personal actions.

An action is movable where the subject of the right it seeks to protect is movable property, and immovable where it concerns a real right over an immovable or possession thereof.

Real immovable actions shall be divided, according to their purpose, into actions concerning the right and possessory actions.

The classification of actions shall be governed by Lebanese law.

International jurisdiction shall be determined for Lebanese courts on the basis of the rules applicable to domestic jurisdiction, without distinction between Lebanese and foreign parties.

Lebanese courts shall have jurisdiction to hear personal status matters where the parties concerned are Lebanese nationals.

Lebanese courts shall have jurisdiction to hear any case involving a Lebanese national or interests located in Lebanon where no other competent court exists.

Any action concerning the validity or breach of a concession granted or recognised by the Lebanese State shall be brought before Lebanese courts, subject to the provisions of Article 762, new paragraph three (1), and Article 809, second paragraph.

In addition to the cases referred to in the preceding Articles, and subject to the provisions of Legislative Decree No. 34 of 5 August 1967, Lebanese courts shall have jurisdiction to hear actions brought against any Lebanese or foreign person who has no actual or elected domicile or residence in Lebanon in the following cases:

1. 1)Where the action concerns property located in Lebanon at the time of service of the claim, or a contract concluded in Lebanon or stipulating that one of the principal obligations arising therefrom shall be performed in Lebanon.
2. 2)Where the subject-matter of the claim is a provisional or precautionary measure to be taken in Lebanon.
3. 3)Where the subject-matter of the action is the delivery of a minor to the person entitled to custody, where the minor is present in Lebanon or the person entitled to custody resides therein.
4. 4)Where the action concerns the parentage of a minor, or the guardianship, curatorship or administration of the property of a person subject to interdiction or judicial assistance, and the minor or such person is in Lebanon.
5. 5)Where the subject-matter of the action is the opposition to a marriage to be contracted in Lebanon.

Lebanese civil courts shall have jurisdiction to hear disputes arising from a marriage contracted in a foreign country between Lebanese nationals, or between a Lebanese national and a foreign national, in the civil form prescribed by the law of that country; the provisions of the laws relating to the jurisdiction of the Sharia (1) and Druze courts shall be observed where both spouses belong to Islamic communities and at least one of them is Lebanese.

The lack of jurisdiction of Lebanese courts shall be governed by the rules of lack of domestic territorial jurisdiction, and shall be relative unless it concerns a case of mandatory jurisdiction.

Where opposition is dismissed on the merits, the default judgment shall become final and enforceable.

Where the opposing party again defaults at the hearing set after the opposition, opposition shall no longer be available and the default judgment shall be definitively enforceable.

An appeal is the means by which a party seeks to have a judgment rendered at first instance reviewed by the court of appeal.

The right of appeal shall vest in each party to the proceedings. Counsel may lodge an appeal only with a special power of attorney.

All judgments rendered at first instance shall in principle be subject to appeal, except where the law provides otherwise.

Appeal must be lodged within one month from the date of service of the judgment on the party concerned, unless the law provides a different time limit.

The time limit for appeal shall be extended by one month for parties domiciled outside Lebanon. It shall be suspended during judicial vacations in accordance with the applicable rules.

Appeal shall have the effect of transferring the entire case to the court of appeal for fresh determination, to the extent of the grounds of appeal raised.

Lodging an appeal shall in principle suspend the execution of the contested judgment, unless it was declared provisionally enforceable.

All assets of the debtor, whether movable or immovable, may be subject to enforcement seizure, save for assets that are legally exempt from seizure.

The following assets shall be exempt from seizure:

1. 1)Assets necessary for the basic needs of the debtor and their family.
2. 2)Professional tools and instruments necessary for the debtor's livelihood.
3. 3)Assets declared exempt by law.

Enforcement seizure of movables shall be carried out by a bailiff of the execution department, who shall draw up an official record of the seizure. The seized assets shall be described and valued and placed under the custody of the debtor or of a sequestrator appointed for that purpose.

The bailiff shall serve on the debtor a notice of seizure specifying the assets seized and the date of the proposed sale.

Where the assets of the debtor are in the possession of a third party, the seizure shall be effected by service of a notice of seizure on the third party.

After seizure, the debtor shall not dispose of the seized assets. Any act of disposal in violation of the seizure shall be void as against the seizing creditor.

The seized movables shall be appraised by the bailiff or by an expert appointed by the execution department.

The seized movables shall be sold at public auction upon expiry of the notice period. The sale shall be conducted by the bailiff or by an auctioneer appointed by the execution department.

The proceeds of the sale shall be applied first to the costs of the enforcement proceedings, then to the satisfaction of the seizing creditor's claim, and any surplus shall be paid to the debtor.

Other creditors of the debtor may join in the seizure and share in the proceeds of the sale in accordance with the rules on distribution of proceeds.

Where multiple creditors are competing for the same assets, priority shall be determined by the law applicable to secured claims and general liens.

A third party who claims ownership of the seized property may bring an action for recovery before the competent court, which shall determine title to the property.

Where a recovery action is brought, the execution department may suspend the sale of the disputed property until the recovery action is finally determined, unless the execution department orders that the sale proceed subject to provision of security.

A final judgment is one against which no ordinary means of recourse remains available, either because the time limits for such recourse have expired without use, or because all available recourse has been exhausted.

Enforcement seizure of immovables shall be carried out by the execution department in accordance with the procedure prescribed by this Code.

Enforcement seizure of immovables shall be subject to the following conditions:

1. 1)The creditor must hold an enforceable copy of a judgment or instrument.
2. 2)The judgment or instrument must have been served on the debtor.
3. 3)The debtor must have been given a formal demand for payment that has remained unsatisfied.

Before proceeding to seizure of an immovable, the creditor shall serve on the debtor a formal demand for payment, giving the debtor a period of fifteen days in which to pay.

The seizure of an immovable shall take effect from the date of its registration with the land registry. No act of disposal of the immovable after registration shall be effective against the seizing creditor.

The conditions of sale booklet shall set out all the terms and conditions of the forced sale of the seized immovable, including a description of the property, the reserve price, and the conditions of payment.

The conditions of sale booklet shall be filed with the execution department and communicated to all interested parties, who may submit objections within the prescribed time limit.

Subject to appeal before the court of appeal within fifteen days of service or communication.

The head also exercises urgent matters powers in all matters connected with enforcement.

The head may order a temporary stay for no more than one month.

The agent shall serve a formal demand for payment on the debtor before commencing enforcement.

Where the obligation is non-monetary, the agent shall serve a demand for performance.

Takes effect from registration with the land registry; the registrar notifies the debtor and mortgage creditors.

From registration, the debtor loses the right to dispose of or encumber the immovable; subsequent acts are void against the creditor.

All registered mortgage creditors shall be notified and required to declare their claims.

An expert shall be appointed; parties may contest the appraisal within fifteen days.

Sets out terms of the forced sale including the reserve price, payment conditions and description of the property.

Deposited with the execution department; communicated to the debtor and mortgage creditors, who may object within fifteen days.

By the head of the execution department; decisions may be appealed before the court of appeal.

Possessory actions are of two types:

1. 1)The action to prevent interference, which seeks to prevent encroachment upon possession.
2. 2)The action to recover possession, which seeks to enable the possessor to recover possession that was forcibly taken from them.

The action to prevent interference shall be subject to the following conditions: 1- The plaintiff must be in possession, personally or through a representative, of a principal real right in an immovable by means of quiet (1), open (2) and unambiguous (3) possession, continued for at least one year prior to the interference. Possession shall not be deemed to have lapsed if actual exercise of control over the right was temporarily prevented by an event of force majeure. 2- The plaintiff must have been subjected to an act of interference with their possession in a manner likely to curtail the exercise of that possession, whether such act is complete or partial, involving works causing interference with possession, whether such works occurred on property in the possession of the plaintiff or on property belonging to another and likely to cause damage to the former.

The action to recover possession shall be subject to the following conditions:

1. 1)The plaintiff must be in physical possession of a principal real right in an immovable, meeting the conditions prescribed in the first paragraph of the preceding Article, except for the requirement of continuity for at least one year prior to the dispossession.
2. 2)The plaintiff's possession must have been forcibly taken from them.

Possessory actions of either type shall also be admissible at the suit of a precarious possessor, such as a depositary (4), pledgee, lessee, agricultural tenant or holder of a concession over public domain property — except where the action is directed against the person from whom the precarious possessor derives their rights.

A possessory action shall not be admissible except within one year from the date the interference or dispossession occurred, unless it remained concealed or was tainted by ambiguity or uncertainty, in which case the one-year period begins from the date the possessor discovered or became certain of the interference.

A possessory action and a petitory action may not be combined. A party who brings a petitory action shall be deemed to have abandoned the possessory action, unless their possession was attacked during the hearing of the petitory action, or unless the petitory action was brought incidentally together with the possessory action, in which case it shall be considered at the time judgment on the possessory action is dismissed.

The defendant in a possessory action may not bring a petitory action until the encroachment attributable to them has been removed.

A judge hearing a possessory action may not examine the underlying right nor base the judgment on reasons or documents relating to that right, except where relied upon to assess the nature of the possession and the fulfilment of its legal conditions. Judgments in possessory actions shall be provisionally enforceable.

Subject-matter jurisdiction shall be determined by laws and regulations in relation to the various judicial authorities, such as the civil judiciary, the administrative judiciary (2), and the denominational or religious judiciary.

Subject-matter jurisdiction shall operate as rational jurisdiction unless a contrary provision applies.

The court of appeal shall examine the case both as to law and as to fact, within the scope of the grounds of appeal raised by the parties.

New claims shall not be admissible on appeal, except where they are connected to the original claim or permitted by the court in the interest of justice.

New evidence may be adduced on appeal where it was not available at first instance or where it is necessary for the just determination of the case.

A respondent on appeal may, in response to the main appeal, lodge an incidental appeal against the same judgment even after the time limit for appeal has expired.

The court of appeal shall render judgment on the merits and may affirm, modify or reverse the judgment of the court of first instance, or refer the case back to that court in exceptional circumstances.

The court of appeal may refer the case back to the court of first instance where it considers that the first instance judgment is vitiated by a procedural defect that it cannot correct itself.

Where only the losing party has appealed, the court of appeal may not render a judgment more unfavourable to that party than the judgment under appeal.

The general procedural rules of this Code shall apply to appeal proceedings, subject to the modifications required by the nature of appeal.

Cassation is the extraordinary means by which a party seeks to have a judgment rendered by the court of appeal reviewed by the Court of Cassation.

Cassation may be sought only on the following grounds:

1. 1)Lack of jurisdiction.
2. 2)Excess of power.
3. 3)Violation of the law or an error in its application.
4. 4)Failure to state reasons or contradiction of reasons.
5. 5)Violation of an essential formality.
6. 6)Material error affecting the outcome of the judgment.
7. 7)Any other ground provided by law.

Applications for cassation shall be admissible only on the following grounds:

1. 1)Lack of jurisdiction.
2. 2)Excess of power.
3. 3)Violation of the law.
4. 4)Error in the application of the law.
5. 5)Failure to state reasons or contradiction of reasons.
6. 6)Violation of an essential formality.
7. 7)Any other ground provided by law.

An application for cassation must be filed within one month from the date of service of the judgment on the applicant, unless the law provides otherwise.

An application for cassation shall be filed by means of a petition signed by a licensed attorney, setting out the grounds of cassation relied upon and the relief sought.

By publication in the Official Gazette and a local daily newspaper at least thirty days in advance.

Held at the execution department on the announced date; any person may submit a bid.

No bid below the reserve price shall be accepted.

The immovable shall be adjudicated to the highest bidder at the close of the auction.

Where no valid bid is submitted, a second auction shall be fixed at a reduced reserve price.

The purchase price shall be paid within the period fixed in the conditions of sale.

Upon full payment, the execution department shall issue a deed of adjudication constituting full title.

The deed purges the immovable of all encumbrances created after registration of the seizure.

Distributed among creditors in order of priority after deduction of enforcement costs.

Prepared by the execution department; communicated to all creditors who may object within fifteen days.

Claims shall be divided into two categories:

1. 1)Principal claims, by which proceedings are initiated.
2. 2)Incidental claims, submitted during the course of proceedings.

An incidental claim submitted by the plaintiff is called an additional claim. An incidental claim submitted by the defendant against the plaintiff is called a counterclaim. A claim submitted by a third party against both parties is called an intervention. A claim directed by one of the parties against a third party outside the dispute is called a joinder. Any claim submitted during proceedings that does not enlarge or narrow the subject-matter of the principal claim shall be treated as an interlocutory matter.

For an incidental claim to be admissible, the following conditions must be met:

1. 1)It must be connected to the principal claim, meaning that the resolution of one would affect the resolution of the other — except that this requirement does not apply to a claim for costs.
2. 2)Examination of the claim must not fall outside the subject-matter or rational jurisdiction of the court hearing the principal claim, and must not fall within the competence of an arbitral tribunal.

The plaintiff may submit the additional claims that meet the conditions of Article 30, and in particular:

1. 1)Claims arising from the same contract or fact giving rise to the principal claim.
2. 2)Claims for compensation for damage caused by the defendant's pleadings or conduct in the proceedings.

The defendant may submit incidental claims meeting the conditions of Article 30, and in particular:

1. 1)A claim for costs.
2. 2)A claim for compensation for damage suffered from the principal action or from any of the procedural steps.
3. 3)Any claim seeking to obtain a benefit other than merely the dismissal of the opponent's claims.

In response to incidental claims submitted by the defendant, the plaintiff may submit incidental claims, provided they arise from the same ground upon which the defendant's claims are based.

The principal and incidental claims shall be adjudicated together, unless the court finds it appropriate, in the interest of proper administration of justice, to rule on one before the other. However, where a set-off is sought between two connected and certain debts in their principal, one of which is unliquidated or not yet due, the judge shall in a single judgment affirm the principle of set-off and order the measures necessary for the liquidation of the accounts.

Either party may submit applications (1) seeking the adoption of interim or provisional measures (2).

A third party may intervene in or be joined to the proceedings, thereby becoming a party thereto.

An intervention is principal where a third party intervenes of their own accord in the proceedings in order to establish or protect their rights vis-à-vis the parties or one of them, seeking judgment in their favour on a claim connected to the claims of one of the parties. It is ancillary where it seeks to support the claims of one of the parties if the success of those claims would be in the intervener's interest.

A third party may be joined to the proceedings at the request of one of the parties in order to share in hearing the judgment. The third party may also be joined for the purpose of judgment being given against them on claims connected to the claims of one of the parties, or for the purpose of warranty.

An application for intervention or joinder shall be submitted by way of a pleading (3) served on the persons concerned, including the party sought to be joined.

For intervention or joinder to be admissible, the intervening party or the party requesting joinder must have a personal and legitimate interest.

Intervention or joinder is permissible at all stages of the proceedings up to their close. It is permissible before the court of first instance and before the court of appeal (4). Only ancillary voluntary intervention shall be admissible before the Court of Cassation, subject to the provisions of Articles 624, 625, 726 and 727.

The parties and the third party sought to be joined shall contest the admissibility of the intervention or joinder in terms of form before raising arguments on the merits; in that case, the court may rule on the application by a separate decision or together with the judgment on the merits. If no dispute arises as to the admissibility of the intervention, or if the court decides to admit it, the intervening or joined party shall have the right to request any investigation it deems useful, even if not requested by the parties.

Where the intervention or joinder is not based on a substantial interest and is clearly intended only to delay the resolution of the action, the parties may, in addition to contesting its admissibility, request, pursuant to Article 10, an award of damages, and the court may also impose a fine pursuant to Article 11.

The claim contained in the intervention or joinder may be met with a counterclaim.

The court may of its own motion order the joinder of a third party to the proceedings where it considers that such a measure would facilitate the adjudication of the principal action and the disclosure of facts, and that it would be beneficial for protecting the rights of the parties or one of them, or the rights of the third party to be joined. The court registry shall serve the third party with the joinder order. The court may require any of the parties to serve the third party with their documents, and may grant the latter a period in which to respond.

Joinder of a third party for warranty (1) before the court hearing the principal action shall be inadmissible in the following cases:

1. 1)Where the warranty action falls outside the subject-matter or rational jurisdiction of that court.
2. 2)Where an agreement exists between the warrantor and the warrantee providing that disputes concerning the warranty shall be within the exclusive jurisdiction of another court or an arbitral tribunal.
3. 3)Where an action specifically concerning the same warranty is already pending before another court.

The party joined for warranty becomes a defendant vis-à-vis the party requesting joinder. If the court rules in favour of the warranted party against the warrantee, the warranted party may seek recourse against the warrantor in the same proceedings.

Joinder for warranty shall not be admissible before the court of appeal or the Court of Cassation if the warranty action is of a different nature than the principal action, or if the grounds of the warranty action were known to the party requesting joinder prior to the judgment rendered at first instance.

Grounds of defence are all means by which a party seeks, without challenging the formal admissibility of the action, to have the claim ruled unfounded as a matter of fact or law.

The judiciary shall be exercised by: First — Courts of first instance. Second — Courts of appeal. Third — The Court of Cassation.

Special courts shall exceptionally hear certain disputes in accordance with the laws and regulations applicable to them, and the provisions of this Code that are not inconsistent therewith.

The following persons may not be compelled to testify:

1. 1)Persons bound by professional secrecy with respect to facts protected by that secrecy.
2. 2)Close relatives and family members of the parties as provided by law.

An application for cassation must be lodged within one month from the date of service of the judgment on the party concerned.

Lodging an application for cassation shall not suspend execution of the contested judgment, unless the Court of Cassation orders otherwise upon application.

The Advocate-General at the Court of Cassation may, without affecting the rights of the parties, apply for cassation of any final judgment that violates the law, in the interest of legal uniformity. A judgment rendered on such an application shall have no effect on the parties.

Where the Court of Cassation quashes a judgment, it shall refer the case to another court of appeal or, exceptionally, remit it to the same court with different composition, for fresh determination.

Third-party opposition is an extraordinary means of recourse available to any person who, not being a party to the proceedings, is adversely affected by a judgment rendered between other parties.

Third-party opposition shall be admissible where:

1. 1)The applicant was not a party to the proceedings.
2. 2)The judgment adversely affects the applicant's rights.
3. 3)The application is filed within the time limit provided by law.

Third-party opposition shall be filed within thirty years from the date the contested judgment became final, subject to shorter time limits where the third party had knowledge of the judgment.

The court hearing the third-party opposition shall examine the case only to the extent necessary to protect the rights of the opposing third party, without affecting the rights of the original parties inter se.

An application for review is an extraordinary means of recourse available to a party whose case has been finally determined, on the grounds specifically provided by law.

An application for review may be brought on the following grounds:

1. 1)Discovery of fraud by the opposing party.
2. 2)Discovery of decisive documents that were withheld by the opposing party or by force majeure.
3. 3)Error by a witness or expert, subsequently established.
4. 4)Violation of a mandatory provision by the judgment.
5. 5)Any other ground provided by law.

An application for review must be filed within two months from discovery of the ground relied upon, and in any case within ten years from the date the judgment became final.

An application for review shall be filed before the same court that rendered the contested judgment. The procedure shall follow the ordinary rules of procedure.

Where the review application is admitted, the court shall re-examine the case on the merits and render a fresh judgment, which shall supersede the contested judgment.

The Public Prosecution shall intervene in civil proceedings in the cases prescribed by law. Where intervention is mandatory, failure to notify the Public Prosecution shall render the judgment null and void.

The Public Prosecution shall intervene mandatorily in the following cases:

1. 1)Cases involving personal status.
2. 2)Cases involving a minor or an incapacitated person.
3. 3)Cases where the interests of the State are at stake.
4. 4)Any other case provided by law.

The Public Prosecution may intervene in any civil case where it considers that public policy or the public interest is involved.

Where the Public Prosecution is a party to the civil proceedings, it shall have all the rights of a litigating party and shall bear the same obligations.

The Public Prosecution shall file written submissions setting out its position and the grounds thereof. The parties may respond to those submissions within the time limit set by the court.

Objections to the conditions of sale shall be adjudicated by the head of the execution department. The decision may be appealed to the court.

The forced sale of a seized immovable shall be notified by publication in the Official Gazette and in a local daily newspaper, at least thirty days before the sale date.

The forced sale of a seized immovable shall be conducted by public auction before the execution department or before the court, in accordance with the procedure prescribed by this Code.

The reserve price of the seized immovable shall be fixed by the head of the execution department on the basis of the expert appraisal.

By the head of the execution department; decisions may be appealed before the court of appeal.

Made in accordance with the final distribution statement.

Any surplus after satisfaction of all creditors and payment of enforcement costs shall be paid to the debtor.

Any party or interested third party may raise objections before the head of the execution department at any stage.

The head may suspend the auction where a substantial objection is pending.

Proceeds shall be deposited with the execution department and distributed per this Code.

Order: enforcement costs; special privilege creditors; mortgage creditors by registration order; general lien creditors; ordinary creditors pro rata.

Prepared within thirty days of realisation; communicated to all creditors.

Within fifteen days; adjudicated by the execution department.

Territorial jurisdiction is of two types: ordinary, which has a relative character, and exceptional, which has a mandatory character.

Res judicata shall be raised as a plea of inadmissibility and shall be examined by the court of its own motion where it is based on grounds of public policy.

Possession of a movable by a person acting in good faith and without fault gives rise to a presumption of ownership in their favour, and no prior claim may prevail against them.

The court may, at the request of a party or of its own motion, proceed to a site inspection of the place or object in dispute.

The site inspection shall be conducted in the presence of the parties or upon proper notification thereof. A record shall be drawn up of the inspection and appended to the case file.

The court may delegate one of its members or a person it appoints to conduct the site inspection and submit a report thereon.

The court may, at the request of a party or of its own motion, appoint one or more experts to perform appraisals on any technical matter.

Experts shall be chosen from the official list of experts kept at the court, or exceptionally from outside that list where no suitable expert is available.

Experts shall take an oath before the court to perform their mission faithfully and impartially.

The expert's mission shall be defined in the court order appointing them. The court may supplement or modify the mission at any stage of the proceedings.

The parties shall cooperate with the expert and provide all documents and information requested. Failure to cooperate shall be reported by the expert, and the court may draw appropriate inferences.

The expert shall submit a written report setting out the findings, methodology and conclusions of the appraisal, together with the parties' observations.

The court shall freely assess the expert's report and is not bound by its conclusions.

The court may, where it finds the expert's report incomplete or unsatisfactory, request an additional opinion or appoint another expert.

For expert examination of immovables, the expert shall visit the site, carry out the necessary measurements and investigations, and submit a report to the court.

For expert appraisal of movables, the expert shall examine the objects presented, assess their condition and value, and submit a report to the court.

Where the court orders a technical investigation, the expert shall gather information, consult specialist sources and submit a comprehensive technical report.

Expert fees shall be fixed by the court with reference to the complexity of the mission and the time spent. They shall be treated as costs of the proceedings.

Civil proceedings shall be governed by the provisions of this Code and by the general principles of procedural law.

Only persons with legal capacity to litigate may be parties to civil proceedings. Incapacitated persons shall be represented by their legal representatives.

Proceedings may be conducted by the parties in person or through authorised representatives, subject to the provisions of this Code.

Parties shall be required to be represented by a licensed attorney in proceedings before the primary chambers, courts of appeal and the Court of Cassation.

Parties may appear in person in proceedings before the single judge, unless represented by an attorney. Personal appearance shall not be required before courts of appeal and the Court of Cassation unless the court so orders.

An attorney shall act on behalf of the party who retained them within the scope of the power of attorney granted, unless the law or the court requires a special power of attorney for specific acts.

An attorney authorised to conduct proceedings shall be deemed to have authority to perform all procedural acts necessary for the conduct of the case, including service and the lodging of appeals, unless a special power of attorney is required by law.

A special power of attorney shall be required for:

1. 1)Making admissions.
2. 2)Concluding settlements.
3. 3)Waiving rights.
4. 4)Accepting or referring oaths.
5. 5)Agreeing to arbitration.

An attorney may only substitute another attorney for themselves with the express consent of the client, unless the law or the court orders otherwise.

An attorney's authority shall terminate upon the death of the client, upon revocation of the power of attorney, or upon withdrawal of the attorney, subject to notification of the court and the opposing party.

The court registry shall be composed of a head registrar and the necessary number of registrars and clerks. The registry shall keep all case files, records and documents of the court.

The court registry shall perform the following functions:

1. 1)Receive and register all applications, submissions and documents.
2. 2)Serve notices and process on behalf of the court.
3. 3)Maintain the records of the court.
4. 4)Issue certified copies of judgments and other documents.

The court registry shall maintain a general register of all cases brought before the court, and such special registers as may be prescribed by law or regulation.

Documents certified by the head of the registry shall be deemed authentic unless the contrary is proved.

Service of process shall be effected in the manner prescribed by this Code, and shall be deemed to have taken place on the date the notice or document is delivered to the addressee or left at their domicile.

Service shall be personal where the notice or document is delivered directly to the addressee. Personal service shall be the preferred method of service.

Where the addressee is absent, service may be effected at their domicile by leaving the notice or document with a person of suitable age residing therein, or by depositing it in the mailbox.

Where the domicile of the addressee is unknown, service may be effected by publication in the Official Gazette and in a daily newspaper.

Service on a legal person shall be effected at its registered office or principal place of business, and shall be addressed to the person authorised to receive service on its behalf.

Service by registered post with acknowledgment of receipt shall be deemed equivalent to personal service where the addressee signs the acknowledgment.

Service may be effected by electronic means where the addressee has provided an electronic address for that purpose, in accordance with the procedure prescribed by law.

Service shall be invalid where:

1. 1)It was not effected in the manner prescribed by this Code.
2. 2)The notice or document did not reach the addressee in sufficient time to enable them to respond.
3. 3)The notice or document contained a material error affecting the rights of the addressee.

In urgent matters, the court may authorise service by the most expedient means, including telephone, fax or electronic mail, and may dispense with the ordinary notice periods.

Time limits prescribed by this Code are either peremptory or directory. Peremptory time limits shall not be extended except as provided by law. Directory time limits may be extended by the court.

Time limits shall be computed in calendar days unless the law provides otherwise. The day of the event from which a time limit begins to run shall not be counted. Where the last day of a time limit falls on an official holiday, the limit shall be extended to the next working day.

Failure to observe a peremptory time limit shall result in forfeiture of the right to perform the act in question, unless the party shows that the failure was due to force majeure or excusable error.

The court may extend or suspend a time limit at the request of a party where justified by the circumstances, provided such extension does not adversely affect the opposing party.

Additional time shall be granted to parties domiciled outside Lebanon for the purpose of effecting service or responding to proceedings, in accordance with the schedule established by regulation.

Submissions of the Public Prosecution shall be read after those of the parties and before judgment is pronounced.

Where communication to the Public Prosecution is mandatory, the court registry shall notify it by serving a copy of all pleadings and documents in the case file, at least fifteen days before the hearing.

The Public Prosecution may file written observations after reading the case file and may present oral arguments at the hearing. The parties may respond to the observations of the Public Prosecution within the time limit set by the court.

The court is not bound by the position of the Public Prosecution and shall render judgment in accordance with the law and the evidence.

Hearings shall in principle be held in public. The court may order hearings to be held in camera in the interest of public policy, morality or the privacy of the parties.

The presiding judge shall open and close the hearing, direct the examination of witnesses and experts, rule on procedural applications, and maintain order.

Witnesses and experts called by the parties or appointed by the court shall be heard at the hearing or at a sitting specially set for that purpose.

Counsel for each party shall present oral arguments. The presiding judge may limit the duration of oral arguments and may interrupt them where they are irrelevant or repetitive.

Procedural pleas are all means by which a party, without addressing the merits, seeks to have a procedural irregularity declared, proceedings suspended, or the action transferred to another court.

Pleas of inadmissibility are all means by which a party seeks to have the opposing party's claim, plea or defence declared inadmissible, without addressing the merits, on grounds such as lack of standing, lack of interest, res judicata, limitation, or any other ground of inadmissibility provided by law.

The court of first instance shall consist of chambers composed of a president and two members, and divisions presided over by single judges. In the following provisions, a chamber of the court of first instance shall be referred to as the 'primary chamber'.

The single judge shall hear the following civil and commercial cases:

1. 1)Personal actions and actions concerning movable or immovable property the value of which does not exceed one hundred million Lebanese pounds. (3)
2. 2)Actions concerning civil status records (4), except those relating to nationality. (5)
3. 3)Applications for grant of letters of administration (6), unless contested by a dispute over the identification of heirs or the determination of inheritance shares. (7)
4. 4)Actions concerning leases of movable and immovable property and free management, regardless of the amount at issue, and actions concerning occupancy, together with all related claims and pleas.
5. 5)Possessory actions. (8)
6. 6)Actions to prevent interference with irrigation rights.
7. 7)Actions concerning easement rights. (1)

Article 3 of the decree provides: 'This decree shall be published and shall enter into force on 1/1/1999.'

1. 1)Actions for determination of boundaries (2).
2. 2)Actions before the urgent matters court (3).
3. 3)The jurisdiction of the land registration judge shall be observed.

The single judge, in their capacity as president of the execution department (4), shall handle enforcement matters and adjudicate the substance of disputes relating to enforcement procedures; as for disputes not relating to those procedures, the single judge may take provisional measures in accordance with the procedure applicable before the urgent matters court.

The single judge shall hear all counterclaims and warranty claims that fall, by their nature or value, within the scope of their jurisdiction, even if their aggregate together with the principal claim exceeds the limits of that jurisdiction. The single judge shall also hear, together with the principal action, claims for damages derived from the principal action regardless of their value, as well as claims concerning charges, wages and consequences relating to the right in question in the principal action, regardless of their value.

Where a counterclaim exceeds by its value the jurisdiction of the single judge and falls within the jurisdiction of the primary chamber, the single judge shall confine themselves to ruling on the principal action alone. However, where the resolution of the counterclaim would affect the resolution of the principal action, the single judge shall refer both the principal action and the counterclaim to the primary chamber, which shall adjudicate both together — unless the parties agree that the single judge shall adjudicate them.

The primary chamber is the ordinary court with general jurisdiction in civil and commercial matters; nothing shall fall outside that jurisdiction except what has been specially assigned by a specific provision to another court.

Where an action is brought before the primary chamber and jurisdiction belongs to the single judge attached to the same court of first instance, the chamber shall decline jurisdiction and administratively refer the action to the single judge. The same rule applies where an action within the jurisdiction of the primary chamber is brought before the single judge, who shall then refer it administratively to the primary chamber. However, after the action is brought, the parties may agree that the court before which the action is pending shall adjudicate it even if it does not have jurisdiction based on the value of the dispute. A third paragraph was added to Article 91 by Article 1 of Legislative Decree No. 20 of 23/3/1985: Where the primary chamber finds that the action brought before it should, pursuant to the work-distribution order, be heard by another chamber of the same court of first instance, it shall administratively refer it to that other chamber; similarly, where the single judge finds that the action before them should be heard by another single judge of the same court of first instance, the single judge shall administratively refer it to that judge.

Presiding judges shall exercise the powers vested in them by law, and appeals against their decisions shall lie before the chamber over which they preside.

Jurisdiction shall lie with the court in the district of which the defendant's domicile is located (3), unless the law provides otherwise. Where there are multiple defendants, jurisdiction shall lie with the court in the district of which one of them is domiciled, provided that court has mandatory jurisdiction over that defendant. It is not required that the claims against the defendant be based on a single cause of action; it is sufficient that they be connected. The place of residence shall be treated as the domicile in the absence thereof, and an elected domicile shall be treated as the actual domicile. Where the plaintiff's sole purpose in choosing the court of one of the defendants is to divest the other defendant's natural court of jurisdiction, the plaintiff shall risk having the action dismissed for lack of territorial jurisdiction and being ordered to pay the compensation prescribed in Article 10 of this Code.

In real immovable actions (1), including possessory actions and partition of immovables, jurisdiction shall lie with the court in the district of which the immovable is located. Where there are multiple immovables, jurisdiction shall lie with the court of the location of any one of them.

In mixed actions (2), as well as in actions for compensation for the loss of an immovable right by reason of its destruction, damage or the impossibility of performance in kind, or in actions concerning the lease of an immovable, jurisdiction shall lie, at the plaintiff's election, with the court of the location of the immovable or with the court of the defendant's domicile.

In actions concerning civil or commercial contracts, jurisdiction shall lie with the court of the defendant's actual or elected domicile, or with the court in the district of which the contract was concluded and in which performance of one of the principal obligations arising therefrom was stipulated, or with the court in the district of which the entire performance of the contract was stipulated. The chosen forum shall be binding on the heirs of the contracting parties.

In actions concerning a legal person, jurisdiction shall lie with the court in the district of which its principal place of business is located (3), whether the action is brought against the legal person or by the legal person against one of its members, or by one member against another. An action may also be brought before the court in the district of which a branch of the legal person is located, in disputes arising from contracts concluded with that branch or from its activities.

In actions arising from a tort or quasi-tort, jurisdiction shall lie with the court of the defendant's domicile or with the court in the district of which the harmful act or the damage giving rise to the claim for compensation occurred.

In actions concerning maintenance, jurisdiction shall lie, at the election of the claimant, with the court of the defendant's domicile or with the court of the claimant's domicile.

In actions concerning an inheritance, jurisdiction shall lie with the court of the last domicile of the deceased. Where the deceased had no domicile in Lebanon, jurisdiction shall lie with the court of the location of the immovable, or, in the absence of an immovable, with the court of the location of the movable property.

In insolvency actions, jurisdiction shall lie with the court of the debtor's domicile, or, in the case of a legal person, with the court of its principal place of business.

In actions relating to the judicial dissolution of a legal person, jurisdiction shall lie with the court of its principal place of business.

All writings other than official instruments and private documents, such as photographic copies, mechanical copies, or other similar documents, may be relied upon as circumstantial evidence.

The authenticity of a private document may be contested either by denying the signature or by alleging forgery. Denying the signature is available to the person against whom the document is relied upon, or to their heirs or successors. Alleging forgery is available to any person.

Where a signature on a private document is denied, the court shall order a comparative verification of the signature. The court shall designate the comparator documents to be used and may, where necessary, appoint a handwriting expert.

The comparative verification of signatures shall be conducted in accordance with the procedure applicable to expert appraisals, and the court shall freely assess its results.

The following documents shall not be used as comparators:

1. 1)Documents that are themselves contested.
2. 2)Documents whose authenticity has not been established.
3. 3)Documents unrelated to the dispute.

The following documents may be used as comparators:

1. 1)Documents acknowledged by the party against whom the contested document is relied upon, or legally deemed to be acknowledged.
2. 2)Documents established to be authentic by a judicial ruling.
3. 3)The admitted signature of the party appearing at the hearing for the verification.

The party denying the signature shall declare before the court whether they recognise or deny the writing and signature attributed to them; the court may draw appropriate inferences from the party's conduct.

An admission is an acknowledgement by a party (1) of a fact or legal act that is alleged against them. It is judicial where made before the court during the hearing of a dispute relating to that fact or act. It is extrajudicial where made otherwise (2), and in that case it is established in accordance with the general rules of evidence.

A judicial admission shall constitute conclusive proof against the person making it.

An admission shall not be divided against the person making it, unless it relates to several separate facts and the existence of one fact does not necessarily entail the existence of the others.

An admission is qualified where the party making it accepts the fact alleged by the opposing party but neutralises its legal consequences by adding additional statements. Such an admission shall constitute full proof as regards the principal fact, while the additional statements shall be presumed correct until the contrary is proved.

An admission is complex where it relates simultaneously to the principal fact and to another fact. It is indivisible in one case only: where the second fact necessarily excludes the first. For example, where a debtor against whom an action for non-payment is brought admits borrowing the amount claimed but asserts that they subsequently repaid it — the court shall treat the admission of borrowing as finally established, while treating the repayment as unproven until the contrary is established.

An admission may only be retracted for error of fact, and the person retracting it must prove such error.

The judge shall assess the weight of an extrajudicial admission by reference to the means by which such admission was established.

An extrajudicial admission may be inferred from a statement made by a party recorded with their knowledge on a magnetic medium. Where the party denies the statement attributed to them, the judge may order a voice analysis by an expert.

The court shall assess the credibility of witnesses' testimony freely, having regard to all the circumstances of the case.

Witnesses shall be heard separately and in the absence of one another. Each witness shall take an oath before testifying.

Each party may question the witnesses called by the opposing party, after the court has completed its examination.

The court may, in exceptional circumstances, permit a witness to submit testimony in writing, subject to such conditions as the court may determine.

The court may, where circumstances so require, permit a witness to testify by means of electronic communication, subject to verification of identity and integrity of the testimony.

All persons are competent to testify unless the law provides otherwise. The court may, however, refuse to hear persons who, by reason of age, illness or mental condition, are incapable of giving reliable testimony.

Minors below the age of fifteen may be heard without an oath, for information purposes only.

A witness who fails to appear without a legitimate excuse may be compelled to appear by the court and fined accordingly. The court may, upon satisfactory excuse, exempt the witness from the fine.

Witnesses shall be entitled to compensation for travel and loss of earnings in accordance with the scale established by regulation.

A written commencement of proof is any writing originating from the person against whom the claim is made that renders the alleged fact plausible. In that case, testimony shall be admissible to complement the written commencement of proof.

Where a written commencement of proof exists, testimony shall be admissible to establish facts that, taken together with the written commencement of proof, constitute full proof of the claim.

A legal presumption is one established by law. It relieves the party in whose favour it operates from adducing any other proof.

A legal presumption may be rebutted by all means of proof, unless the law provides that it is irrebuttable.

A judicial presumption is one that the court infers from the circumstances of the case in the exercise of its discretion.

Judicial proceedings shall be conducted during working hours on working days. The court may, in exceptional circumstances, hold hearings outside ordinary working hours.

In urgent matters, the court may hold hearings on official holidays upon the authorisation of the presiding judge.

Legal aid shall be granted to persons who are unable to bear the costs of proceedings, enabling them to benefit from all the services of the court, the registry and the enforcement departments free of charge.

A judicial presumption is one that has not been established by law and is inferred by the judge from the circumstances and facts of the case within the scope of their discretionary power. The following conditions are required for a judicial presumption to be accepted:

1. 1)The presumption must be based on a fact that is certain and established.
2. 2)The fact that is proven must necessarily lead to the fact to be established.

The writ of summons shall be served on the defendant in the manner prescribed in this Code, sufficiently in advance of the first hearing to allow the defendant adequate time to prepare their defence.

The parties shall file written submissions with the court registry, served on the opposing party, setting out their arguments and the evidence relied upon.

Submissions shall be exchanged in accordance with the timetable set by the court. The court may, at the request of a party, grant additional time for submitting a reply.

Documents and other exhibits shall be filed with the court registry and served on the opposing party together with the submissions in which they are relied upon.

A party who wishes to call witnesses shall file a list of witnesses with the court registry, together with a statement of the facts to be proved, within the time limit set by the court.

A party who seeks expert evidence shall file a written application setting out the questions to be addressed by the expert. The court shall appoint the expert and define the scope of the appraisal.

Where a party fails to appear at the first hearing without a legitimate excuse, the court may proceed in their absence if it is satisfied that they were duly served.

A judgment in default may be rendered against a party who fails to appear or to file submissions within the prescribed time. The defaulting party may apply for the judgment to be set aside within the time limit prescribed by law.

An application to set aside a default judgment shall be filed with the court that rendered the judgment within thirty days of service of the judgment on the defaulting party. The court shall set aside the judgment where the party establishes a legitimate excuse for the default.

Where a party who was served fails to appear, the court may, if it is satisfied that the party was duly notified, proceed with the case and render judgment in the absence of that party. Such judgment shall be deemed contradictory.

The presiding judge may convene a pre-trial conference at which the parties may settle procedural issues and narrow the points in dispute before the hearing.

Once all submissions have been exchanged and all evidence has been adduced, the presiding judge shall declare submissions closed and set a date for the hearing or judgment.

The court may hear oral arguments from the parties or their counsel at the hearing. The court shall determine the order and duration of oral arguments.

Deliberation shall take place in camera among the judges composing the court. Judgment shall be rendered by majority decision.

The Public Prosecution may participate in civil proceedings in the cases provided by law and in matters relating to public policy. Where the Public Prosecution is a party, it shall have all the rights of a litigating party. Where it participates as a joining party, it may file submissions and present arguments but may not bring claims or lodges appeals.

Cases in which communication to the Public Prosecution is mandatory shall be communicated to it by the court registry at least fifteen days before the hearing.

Communication to the Public Prosecution shall be mandatory in the following cases:

1. 1)Cases involving the status or capacity of persons.
2. 2)Cases involving a legal person governed by public law.
3. 3)Cases in which the court considers that public policy is involved.

Proceedings before the primary chamber shall be initiated by a writ of summons served by a bailiff on the defendant, designating the first hearing date.

The writ of summons before the primary chamber shall contain all the particulars required by Article 310, and shall specify the court, the chamber, the judge and the date of the first hearing.

At the first hearing, the presiding judge shall verify that the parties have been duly summoned and shall fix the timetable for the exchange of submissions.

The plaintiff shall file the principal submission within the time limit set by the court. The defendant shall file a counter-submission within the time limit set for that purpose.

Each party may file reply submissions in response to the other party's counter-submission, within the time limit set by the court.

Once the court is satisfied that all submissions have been exchanged, it shall declare submissions closed and set a hearing date for oral arguments and the pronouncement of judgment.

Oral arguments shall take place at the hearing. The presiding judge shall give the floor to each party in turn and may limit the duration of oral arguments.

Judgment shall be pronounced at the hearing set for that purpose. The court may take the case under advisement and pronounce judgment at a later date.

Proceedings before the single judge shall be simpler and more flexible than those before the primary chamber, and shall be adapted to the nature of the cases heard.

Proceedings before the single judge shall be initiated by a writ of summons or by an application filed directly with the registry, designating the date of the first hearing.

The urgent matters court shall have jurisdiction to hear all urgent matters that do not affect the merits of the dispute and that require immediate judicial intervention.

The urgent matters court shall have jurisdiction where the applicant demonstrates that delay would cause irreparable harm to their rights.

Any person may participate in the auction, except for the debtor, the bailiff and other persons excluded by law.

The auction shall be conducted by the head of the execution department or by a judge appointed for that purpose. Bids shall be accepted in rising order. The immovable shall be adjudicated to the highest bidder.

Upon adjudication, the successful bidder shall acquire title to the immovable free from all encumbrances created by the debtor after the registration of the seizure.

The proceeds of the forced sale shall be distributed among the creditors in accordance with their priority as determined by the law.

Any interested party may raise objections to the enforcement proceedings before the head of the execution department within the time limits prescribed by law.

Objections may concern:

1. 1)The validity of the enforcement proceedings.
2. 2)The extent or appraised value of the seized assets.
3. 3)The priority of creditors.
4. 4)The conditions of the sale.

Summary proceedings are simplified proceedings in which the court rules on a matter without a full hearing on the merits, in cases specifically provided by law.

In petition proceedings, an interested party may obtain a court order without the participation of the opposing party, in cases where the law permits such proceedings.

A party against whom an order on petition has been made may file an opposition with the court that issued the order within the time limit provided by law.

The writ of summons shall be drafted in the form prescribed by law and shall comply with the requirements of Article 310.

The writ of summons shall be served on the defendant by a bailiff or, in cases where the law permits, by registered post with acknowledgment of receipt.

A defect in the writ of summons shall render it null and void only where the defect caused prejudice to the opposing party.

The defendant shall file a defence submission setting out their defences and pleas, together with the evidence relied upon, within the time limit set by the court.

The plaintiff may, at any stage of the proceedings, submit additional claims connected to the principal claim, subject to the conditions of Article 30.

The defendant may, at any stage of the proceedings, submit a counterclaim against the plaintiff, subject to the conditions of Article 30.

The plaintiff may file a reply submission in response to the defence, and the defendant may file a rejoinder, within the time limits set by the court.

The judgment of the court of appeal shall be immediately enforceable upon service, unless the court orders otherwise.

An appeal shall be admissible where the judgment is appealable, the appellant has standing and an interest to appeal, and the appeal is filed within the prescribed time limit and in the prescribed form.

Grounds of appeal may include:

1. 1)Error in the application of the law.
2. 2)Error in the assessment of the facts.
3. 3)Failure to rule on a claim.
4. 4)Violation of an essential procedural rule.

The court of appeal may, at the request of a party, order interim measures during the appeal proceedings to preserve the rights of the parties.

The court of appeal may, at the request of the appellant, order a stay of enforcement of the first instance judgment pending the determination of the appeal.

The court of appeal may require the appellant to provide security as a condition for granting a stay of enforcement.

Default judgments rendered at first instance shall be subject to appeal within one month from the date of their service, subject to the provisions on opposition.

The application for cassation shall be filed with the registry of the Court of Cassation and served on the opposing party.

Filing an application for cassation shall not suspend the enforcement of the contested judgment, unless the Court of Cassation orders otherwise.

An application for cassation shall be inadmissible where:

1. 1)It is filed outside the time limit.
2. 2)The judgment under challenge is not a final judgment.
3. 3)The applicant lacks standing.
4. 4)The grounds relied upon are not among those provided by law.

The Court of Cassation shall examine the admissibility of the application before proceeding to the merits.

Where the application for cassation is inadmissible, the Court of Cassation shall dismiss it without examining the merits.

Where the application is admissible, the Court of Cassation shall examine each ground of cassation raised by the applicant and render judgment thereon.

Where the cassation grounds are unfounded, the Court of Cassation shall dismiss the application and the contested judgment shall become final.

Where the cassation application is well-founded, the Court of Cassation shall quash the judgment and refer the case to another court of appeal for fresh determination.

Upon quashing, the Court of Cassation shall refer the case to another court of appeal of equal rank, which shall be bound by the legal ruling made by the Court of Cassation.

Where the court to which the case was referred renders a new judgment, that judgment may also be subject to cassation. If the Court of Cassation again quashes the new judgment, it shall refer the case to the plenary session for final determination.

Where the Court of Cassation has twice quashed the decisions of courts of appeal on the same point of law, it shall, upon a third cassation, sit in plenary session and render a final judgment.

The ruling of the Court of Cassation in plenary session on a point of law shall be binding on the court to which the case is referred, if any.

The Court of Cassation may, where the facts are established and no further proceedings are necessary, quash the judgment and rule on the merits without referring the case back.

Third-party opposition is the extraordinary means of recourse by which a person not party to the proceedings may challenge a judgment that adversely affects their rights.

Third-party opposition shall be admissible where:

1. 1)The applicant was not a party to the original proceedings.
2. 2)The contested judgment adversely affects the applicant's rights.
3. 3)The application is filed within the time limit provided by law.

Third-party opposition shall be filed within thirty years from the date the contested judgment became final, unless a shorter time limit applies.

Third-party opposition shall be filed before the court that rendered the contested judgment.

Disputes from the interpretation or performance of administrative contracts — excluding annulment applications reserved to the administrative courts — may be submitted to arbitration. Arbitration clauses in State contracts require a decree of the Council of Ministers; those in other public law contracts require supervisory authority approval. Actions on the validity or breach of Lebanese State concessions shall be brought before Lebanese courts.

All acts of enforcement shall be carried out during working hours, unless the head of the execution department authorises otherwise.

Upon receipt of an enforceable copy and proof of service on the debtor.

Served on the debtor before commencing enforcement, giving at least fifteen days to pay.

The creditor may apply to the execution department after the period expires unsatisfied.

Agents shall act faithfully, impartially and with minimum disruption, and shall respect the dignity of all persons.

For positive obligations: the creditor may have the act performed by a third party at the debtor's expense. For negative obligations: the court may order demolition of any prohibited work.

The agent shall seize the specific property and deliver it to the creditor.

Effected by seizure and forced sale of the debtor's assets.

Borne by the debtor; recovered from the proceeds of the forced sale.

May proceed against the debtor's estate, subject to succession rules.

Effected against the legal person's assets; its representative shall facilitate enforcement.

Notified to the competent ministry, which shall take the necessary steps within budget appropriations.

Official and private instruments bearing the enforcement formula may be enforced as judgments.

Promissory notes, bills of exchange and cheques may be enforced directly, subject to commercial law conditions.

Written undertakings to pay a specific sum may be enforced directly through the execution department.

Exempt: clothing and basic household items; professional tools; food supplies for a prescribed period; pensions and statutory allowances; and other legally exempt assets.

Arbitration clauses and agreements in contracts to which a public law person is party shall be subject to prior authorisation by decree of the Council of Ministers. This applies to all forms of arbitration.

Only the non-exempt portion shall be subject to seizure where the debtor's assets partly consist of exempt property.

Subject to garnishment, subject to any minimum amounts protected by law.

May be seized only within limits prescribed by law; the minimum necessary for the debtor's subsistence shall not be seized.

May be ordered where the creditor demonstrates a prima facie claim and circumstances justify a conservatory measure.

Filed with the head of the execution department or the urgent matters court, with relevant documents.

Issued without prior hearing of the debtor; specifies the assets and the amount secured.

Served on the debtor immediately after the attachment is effected.

Filed within fifteen days of service; determined without delay.

Upon obtaining an enforceable judgment, the creditor may apply to convert the precautionary attachment.

Applications shall be processed on an expedited basis; the formula shall be granted unless the award manifestly violates public policy.

May be ordered where the applicant demonstrates a credible title and there is a risk the possessor will transfer or encumber the property.

Filed with the competent court; ruled on after hearing the parties.

Prohibits transfer or encumbrance; any prohibited act shall be void against the applicant.

Lapses where the applicant fails to bring the title action within one month, or where lifted by the court.

A creditor may apply for garnishment of sums or assets owed by a third party to the debtor.

Disputes arising from the interpretation or performance of an administrative contract, excluding applications for annulment on grounds of excess of power, which are reserved to the administrative courts.

Filed within the prescribed time, stating whether the garnishee holds sums or assets for the debtor.

The head of the execution department may condemn the garnishee to pay the full claim, subject to proof.

A hearing shall be fixed; the garnishee may be examined and evidence adduced.

Where the declaration is accepted, the head shall authorise the garnishee to pay the creditor directly.

A third party claiming a right over the held assets may challenge the garnishment before the competent court.

Effected by the enforcement agent of the execution department in accordance with this Code.

All movable assets of the debtor not legally exempt, including goods, cash, securities and shares.

The agent shall attend the debtor's premises with a witness and draw up an official record.

Date, time and place; description of assets; name of custodian; signatures of agent and witness.

The agent shall appoint a custodian — the debtor, a third party or the execution department.

Shall preserve the assets, not use them, and present them for sale when required.

The head may order arrest and refer the matter to the criminal authorities.

Admissible on the grounds and within the time limits applicable to review of court judgments, mutatis mutandis.

An expert shall be appointed; parties may contest within fifteen days.

Within thirty days of seizure; deposited with the execution department.

To debtor and mortgage creditors; objections within fifteen days.

Adjudicated by the head; decisions appealable within fifteen days.

In the Official Gazette and a local daily at least thirty days in advance.

Held at the execution department on the announced date.

Bids called three times; adjudicated to the highest bidder.

Title acquired free from all post-registration encumbrances.

Re-auction ordered; defaulting bidder liable for any shortfall.

Issued upon full payment; constitutes full title.

Any party or interested third party may raise objections at any stage.

Concerning formal defects; validity of the title; extent or value of assets; priority.

Subject to the condition of reciprocity unless waived by treaty.

Applicable treaty conditions shall prevail.

The court may stay proceedings where the judgment is challenged in the country of origin.

Upon final determination in the country of origin.

The conditions of Article 930 apply, adapted to their nature.

Governed by applicable treaties; in their absence, by the provisions of this Section.

May be raised at any time during the enforcement proceedings.

The court may order conservatory measures at the applicant's request.

Borne by the party against whom they are ordered.

All parties with an interest shall be duly notified.

Rendered within a reasonable time and served on all parties.

Kept by the court and available to the parties.

Valid until the judgment is fully enforced or revoked.

Where the foreign judgment is set aside, satisfied, or the grounds no longer exist.

All enforcement proceedings based on the revoked formula shall be suspended.

Proceeds distributed per the priority rules.

Each execution department handles enforcement within its district.

[Enforcement/procedure provision — see Arabic source for full text of Article 1009]

[Enforcement/procedure provision — see Arabic source for full text of Article 1010]

[Enforcement/procedure provision — see Arabic source for full text of Article 1011]

[Enforcement/procedure provision — see Arabic source for full text of Article 1012]

Filed before the president of the primary chamber in the district where enforcement is sought. The president rules by order on petition without summoning the opposing party.

Granted to a final foreign judgment (1) where all of the following are met:

1. 1)The foreign court had jurisdiction under Lebanese international jurisdiction rules, and Lebanese courts had no exclusive jurisdiction.
2. 2)Parties were properly summoned and duly represented.
3. 3)The judgment has res judicata force under the law of origin.
4. 4)The judgment does not contradict a prior Lebanese judgment.
5. 5)The judgment contains nothing contrary to Lebanese public policy.

Foreign judgments in personal status or family matters shall not be enforced where they are contrary to the personal status law applicable to the parties under Lebanese private international law.

The general rules of procedure of this Code apply, subject to the specific provisions of this Chapter.

Subject to appeal before the court of appeal within one month of notification.

Full jurisdiction to review the order and to grant or refuse the formula.

Defences and grounds arising after the judgment may be raised during the examination of the application.

A Lebanese court may give effect to a foreign judgment relied upon before it, provided the conditions of Articles 1014 and 1015 are met. It may also grant the enforcement formula if expressly requested. These rules apply to foreign judgments on capacity and personal status, and to judgments rendered by foreign courts.

The provisions of this Chapter apply to actions seeking a declaration that a foreign judgment has no effect, whether brought directly or in pending proceedings.

A foreign judgment granted the formula shall have the same enforcement force as Lebanese judgments and be enforced in the same manner.

A plea of lack of jurisdiction is a procedural plea by which a party claims that the court before which the action is pending lacks jurisdiction, whether in terms of subject-matter, rational or territorial jurisdiction.

Pleas of lack of jurisdiction must be raised before any other plea or argument on the merits, under pain of forfeiture. The court shall examine them as a priority before examining the merits.

A plea of lack of mandatory territorial jurisdiction may be raised at any stage of the proceedings, even by the court of its own motion. A plea of lack of ordinary territorial jurisdiction, by contrast, may only be raised as provided in Article 53.

A plea of lack of subject-matter jurisdiction may be raised at any stage of the proceedings and shall be examined by the court of its own motion.

A plea of lack of functional jurisdiction may be raised at any stage of the proceedings and shall be examined by the court of its own motion.

Where a court finds that it lacks jurisdiction, it shall refer the action to the competent court. The parties shall remain bound by the procedural acts already accomplished.

Procedural pleas other than those of lack of jurisdiction shall be raised simultaneously, before any argument on the merits, under pain of forfeiture — except in cases of supervening irregularities.

The plea of nullity is a procedural plea seeking the annulment of a procedural act. Nullity shall not be pronounced except on grounds provided by law. Substantive nullity may be raised at any stage of the proceedings. Formal nullity shall be raised as provided in Article 58. The court may not pronounce nullity if the act achieved its purpose and caused no harm to the opposing party.

Where the same action is pending before two courts of equal rank, each court may, at the request of one of the parties or of its own motion, decline to proceed pending resolution by the other court. The court that accepted the case last shall defer to the one that accepted it first.

Where related actions are pending before two courts of equal rank, each court may, at the request of a party or of its own motion, suspend its proceedings pending the resolution of the other action, or refer the case to the other court if consolidation appears appropriate.

The court of appeal shall hear appeals against appealable judgments and decisions rendered within its district:

1. 1)By courts of first instance in civil and commercial matters.
2. 2)By execution departments and special committees and boards in cases provided by law.
3. 3)It shall also hear applications for the recusal (1) of judges of courts of first instance from hearing actions, and any other application or appeal assigned to it by law.

In actions relating to partnerships, or between partners, or between partners and the partnership, jurisdiction shall lie with the court of the place where the partnership has its principal seat.

The following actions shall be subject to mandatory territorial jurisdiction and shall be brought exclusively before the courts designated therefor:

1. 1)Real immovable actions and possessory actions: before the court of the location of the immovable.
2. 2)Actions to set aside or enforce an arbitral award: before the court in the district of which the arbitral award was rendered.
3. 3)Actions to contest enforcement proceedings: before the court in the district of which the enforcement department in charge of the proceedings is located.
4. 4)Actions for recognition or enforcement of foreign judgments and instruments: before the court in the district of which enforcement is sought.
5. 5)Actions relating to the dissolution of partnerships and liquidation of their assets: before the court of the place of the partnership's principal seat.
6. 6)Actions in which the State or a public legal person is a party: before the court of the defendant's domicile, the court of the plaintiff's domicile, or the court in the district of which the contested administrative act was issued.

The parties may agree in writing to designate a court other than that specified in the preceding Articles, provided that the jurisdiction in question is of a relative nature. Such agreement shall not be admissible before the court designated in the agreement unless it was concluded prior to the dispute, or before the court that would otherwise be competent if the agreement was concluded after the dispute arose, unless both parties rely on the agreement.

A court that lacks territorial jurisdiction shall acquire jurisdiction where the defendant appears before it on the merits without raising a plea of lack of jurisdiction, unless the jurisdiction is mandatory.

Where uncertainty exists as to which court has jurisdiction, any interested party may apply to the court of appeal to designate the competent court. The court of appeal shall rule on the application without delay, and its decision shall not be subject to appeal.

Where a positive or negative conflict of jurisdiction arises between two courts, any interested party may apply to the Court of Cassation to resolve it. Where the conflict arises between courts belonging to different categories, the matter shall be referred to the plenary session of the Court of Cassation.

Where a court becomes aware of a positive or negative conflict of jurisdiction, it may raise the matter of its own motion and refer the parties to apply to the competent court to resolve the conflict.

Where forgery is alleged, proceedings shall be taken in accordance with Articles 151 et seq. of this Code.

A plea of forgery (incidental plea) shall be lodged in writing, signed by the litigant or their attorney, and delivered to the court registry, with a statement of the specific means of forgery relied upon.

Upon receipt of a plea of forgery, the court may:

1. 1)Order the document lodged at the registry.
2. 2)Determine whether there are grounds to pursue the forgery proceedings.
3. 3)Order the matter to continue or be suspended pending criminal proceedings.
4. 4)Proceed to adjudicate without reference to the contested document.

The court shall adjudicate the forgery plea after the parties have been heard and any investigation it orders has been conducted. The court may appoint an expert for that purpose.

Where the party who lodged the plea of forgery withdraws it, or where the party relying on the document abandons it before judgment, the forgery proceedings shall be discontinued.

Where the court finds that the document is forged, it shall declare the document null and void as evidence and shall refer the matter to the competent criminal authorities.

The authenticity of an official instrument may be contested only by means of a plea of forgery, in accordance with the procedure prescribed in this Section.

A plea of forgery may relate to the document in whole or in part. Where the forgery concerns only part of the document, the remainder shall retain its full evidential value.

Either party may request the court to examine the opposing party. The court may also, of its own motion, order the examination of any party.

A party to be examined must appear in person; a party who fails to appear without a legitimate excuse may be compelled to do so. The court shall draw appropriate inferences from unjustified failure to appear, or from the party's refusal to answer. The examination shall be conducted by the court, with the parties allowed to be present.

Questions shall be framed by the court. The parties may suggest questions to be put, and the court shall include such questions as it deems relevant.

The examined party shall answer each question personally. The court shall draw appropriate inferences from an unjustified refusal to answer.

Admissions made by a party during examination shall have the same evidential force as any other judicial admission.

An oath is of two types:

1. 1)The decisive oath, which a party tenders to the opposing party.
2. 2)The supplementary oath, which the court tenders to one of the parties.

Each party may tender the decisive oath to the opposing party where the claim rests entirely upon that oath. The party to whom the decisive oath is tendered may either swear it, in which case it shall constitute conclusive proof in their favour, or refer it back to the tendering party.

Where the party to whom the decisive oath is tendered refers it back, the other party must swear it or lose the case. The oath may not be referred back again.

The decisive oath may be tendered at any stage of the proceedings and shall relate exclusively to personal facts of the party to whom it is tendered. It may not be tendered on facts that are contrary to public policy.

The decisive oath shall constitute conclusive proof in favour of the party who swears it, and the court shall give judgment accordingly.

The supplementary oath may be tendered by the court of its own motion to either party where the court considers that proof of the claim is incomplete.

The supplementary oath shall relate to a fact personal to the party to whom it is tendered and relevant to the resolution of the dispute. The court shall assess the weight to be given to the oath.

Where a party refuses to swear the supplementary oath without a legitimate excuse, the court shall draw appropriate inferences from that refusal.

Witness testimony shall be admissible as evidence in all matters in which the law does not require written proof, and in all matters where a document cannot reasonably be required.

Proof by witnesses shall not be admissible in lieu of written proof where the law requires it, unless there is a written commencement of proof.

Testimony against the contents of a writing or supplementary thereto shall not be admissible, unless the court grants leave by reason of the impossibility of obtaining written proof.

The court may, of its own motion or at the request of a party, order witness testimony on any fact relevant to the resolution of the dispute.

Judicial presumptions shall be admissible only where testimony is admissible. The court may not base its decision solely on a single judicial presumption unless it is of a particularly serious and specific character.

A judgment that has become final shall have the force of res judicata with respect to the parties, their representatives and their successors, as regards the same subject-matter and the same cause of action between the same parties in the same capacities.

Res judicata shall extend only to what was actually adjudicated. It shall not extend to matters that were not pleaded, even if they could have been.

A judgment shall not have the force of res judicata as against third parties, save in the exceptional cases provided by law.

Legal aid shall be applied for before the commencement of proceedings, or at any stage thereof. The application shall be submitted to the legal aid committee of the court, accompanied by documents evidencing the applicant's financial situation.

The legal aid committee shall rule on the application without delay. Its decision granting or refusing legal aid shall be notified to the applicant. The decision refusing legal aid may be appealed before the president of the court.

Legal aid shall entitle the beneficiary to:

1. 1)Exemption from all court fees and charges.
2. 2)Free services of the court registry and enforcement departments.
3. 3)Appointment of an attorney to represent the beneficiary free of charge.
4. 4)Provisional exemption from security for costs.

The court may, of its own motion, order communication to the Public Prosecution in any other case where it considers it appropriate.

Where communication to the Public Prosecution is mandatory and has not taken place, the judgment shall be null and void.

Hearings shall be held in public, unless the court orders that they be held in camera in the interest of public order or for the protection of the privacy of the parties.

The presiding judge shall direct the proceedings, maintain order in the hearing room, and ensure that the parties are given a fair opportunity to present their case.

The presiding judge may order the expulsion from the hearing room of any person who disrupts the proceedings, and may impose a fine on any person who disrespects the court.

A record of the hearing shall be drawn up by the registrar and signed by the presiding judge and the registrar. The record shall constitute full proof of the proceedings as recorded therein, unless declared to be inaccurate.

The trial shall be declared closed by the presiding judge once all evidence has been adduced and all arguments have been heard. Judgment shall be rendered within the time limit prescribed by law or within a reasonable time.

At the first hearing, the single judge shall invite the parties to present their submissions and shall determine whether written submissions are necessary.

The single judge may hear oral arguments at the first or subsequent hearings and shall render judgment at the close of the hearing or at a later date.

Where the defendant fails to appear before the single judge without a legitimate excuse, the single judge may proceed and render a default judgment.

Judgments of the single judge shall be subject to appeal before the court of appeal within the ordinary time limits for appeal.

The single judge may declare their judgment provisionally enforceable where justified by the circumstances.

The Public Prosecution may appear before the single judge in cases provided by law, with the same rights and obligations as before other civil courts.

The urgent matters court may order any provisional measure necessary to preserve the rights of the parties pending the determination of the dispute on the merits.

The urgent matters court may appoint a sequestrator to administer disputed property pending the final determination of the dispute.

Objections shall be adjudicated by the head of the execution department without delay. Appeals against the decision on the objection shall lie before the court.

The lodging of an objection may, at the discretion of the head of the execution department, suspend the enforcement proceedings until the objection is resolved.

The proceeds of the forced sale of the debtor's assets shall be distributed among the creditors in accordance with the order of priority established by law.

Creditors shall be paid in the following order:

1. 1)Costs of the enforcement proceedings.
2. 2)Privileged creditors.
3. 3)Mortgage creditors.
4. 4)Ordinary creditors.

The execution department shall prepare a distribution statement setting out the amounts to be paid to each creditor and the order of priority.

Any creditor may object to the distribution statement within the time limit prescribed by law. Objections shall be adjudicated by the execution department or by the court, as appropriate.

Payments to creditors shall be made from the funds deposited with the execution department, in accordance with the final distribution statement.

Any surplus remaining after the satisfaction of all creditors shall be paid to the debtor.

Debtor imprisonment is a means of compelling the payment of a debt, available in the cases specifically provided by law.

Once all submissions have been exchanged, the court shall declare submissions closed, set a hearing date, and render judgment.

Hearings before the primary chamber shall be conducted in public, save where the court orders otherwise for reasons of public policy or privacy.

Witnesses shall be examined at the hearing, in the presence of the parties. The presiding judge shall conduct the examination, and the parties may put questions through the presiding judge.

Expert appraisals shall be carried out in accordance with the procedure prescribed in this Code and shall be presented to the court in writing.

The primary chamber shall render judgment after deliberation, setting out the grounds of fact and law on which the decision is based.

The judgment of the primary chamber shall be served on the parties in accordance with the rules on service of process.

Judgments of the primary chamber shall be subject to appeal before the court of appeal within one month from the date of service of the judgment.

Judgments of the primary chamber shall be enforced in accordance with the provisions of this Code on enforcement.

Appeals shall be governed by the provisions of this Chapter and, to the extent not inconsistent therewith, by the general procedural rules of this Code.

Interlocutory decisions that do not finally determine the action may be appealed only together with the final judgment, unless the law specifically permits separate appeal.

Decisions of the execution department may be appealed before the court of appeal within fifteen days of their service.

The court of appeal shall review the case on the basis of the written submissions of the parties, without ordering a fresh exchange of submissions unless it considers this necessary.

Notwithstanding the provisions of the preceding article, appeal shall be admissible even where the amount in dispute does not exceed eight hundred thousand Lebanese pounds, where based on one of the following grounds:

1. 1)Lack of subject-matter or rational jurisdiction.
2. 2)Nullity of the judgment for defect therein or nullity of essential procedural steps on which the judgment is based.
3. 3)Contradiction in the operative part of the judgment rendering enforcement impossible.
4. 4)Failure to rule on one of the claims submitted.
5. 5)Lack of capacity.
6. 6)Fraud.
7. 7)Violation of the adversarial principle.

Decisions rendered in the context of purely voluntary jurisdiction or in administrative matters shall not be subject to appeal in the ordinary sense, but may be subject to the extraordinary means of recourse provided by law.

The Public Prosecution may appeal against any judgment in a case in which it was a party, within the same time limits as the parties.

The Advocate-General at the Court of Cassation may, in the public interest, bring an appeal before the court of appeal against a judgment of the single judge, even after the time limits have expired, provided the rights of the parties are not affected.

Where the defendant defaulted at first instance but appears on appeal, the court of appeal shall adjudicate the case on the merits and the default judgment shall become moot.

Where an opposition to a default judgment has been dismissed and the opposing party appeals, the court of appeal shall adjudicate the case on the merits as between all parties.

The respondent on appeal who did not appeal the first instance judgment may file an incidental appeal against it by way of response to the main appeal, and may contest the judgment on any ground, even if not related to the grounds of the main appeal.

The time limit for lodging an appeal shall be one month from the date of service of the contested judgment. Where service is made outside Lebanon, the time limit shall be extended by one month. Computation of the time limit shall begin on the day following service of the judgment, and shall exclude the date of service itself.

An appeal filed after the expiry of the time limit shall be inadmissible, and the inadmissibility shall be raised by the court of its own motion.

The respondent on appeal may, in response to the main appeal, request the modification or reversal of the contested judgment in their favour, even without having appealed within the time limit.

Submissions of the respondent that seek merely the affirmation of the contested judgment shall not be treated as an appeal; they shall constitute a response to the main appeal.

Intervention on appeal shall be admissible subject to the conditions provided in Article 41, and provided the intervening party demonstrates an interest in the outcome of the appeal.

Joinder on appeal shall be admissible where the conditions of Article 46 are met and where the joinder is necessary for the protection of the rights of the parties.

A plea of lack of jurisdiction that was not raised at first instance may be raised on appeal, provided it is a plea of mandatory jurisdiction.

Arguments not raised at first instance shall not be admissible on appeal, unless they are of public policy or relate to evidence arising after the first instance judgment.

At the first hearing on appeal, the presiding judge shall verify that all parties have been duly summoned and shall fix the timetable for the exchange of submissions.

Submissions on appeal shall be exchanged in writing in accordance with the timetable fixed by the court. The court may, at the request of a party, grant additional time.

The hearing on appeal shall be conducted in the same manner as hearings before the primary chamber, subject to the specific provisions applicable to appellate proceedings.

The court of appeal shall deliberate in camera and render judgment on the merits of the appeal. The judgment shall be pronounced in open court.

The judgment on appeal shall be served on the parties in accordance with the rules on service of process.

Before the court of appeal, each party shall have the right to:

1. 1)File written submissions.
2. 2)Present oral arguments.
3. 3)Adduce new evidence.
4. 4)Apply for interim measures.

Before the court of appeal, a party may not submit new claims unless they are connected to the original claim or constitute a defence to the opposing party's new claims. Even so, the court may admit new claims where they are necessary to prevent a miscarriage of justice.

Where the court of appeal quashes the first instance judgment for a procedural defect, it shall refer the case back to the court of first instance for fresh determination.

Where the case is referred back to the court of first instance, that court shall rehear the case as presented and shall render a fresh judgment.

The losing party on appeal shall bear the costs of the appellate proceedings, unless the court orders otherwise.

Judgments of the court of appeal shall be executed in accordance with the provisions of this Code on enforcement, after service on the losing party.

Cassation is the extraordinary means of recourse by which a party seeks to have a final judgment reviewed by the Court of Cassation on the grounds specifically provided by law.

Proceedings on a third-party opposition shall follow the ordinary rules of procedure, with such modifications as are required by the nature of the application.

The court shall adjudicate the third-party opposition and may modify the contested judgment to the extent necessary to protect the rights of the opposing third party, without affecting the rights of the original parties inter se.

An application for review (retrial) shall be admissible only on the following grounds:

1. 1)Discovery of decisive documents that were withheld by the opposing party or by force majeure.
2. 2)Fraud by the opposing party.
3. 3)Perjury by a witness, subsequently established by a criminal judgment.
4. 4)Error by an expert, subsequently established by a criminal judgment.
5. 5)Discovery of a decision previously given in the same case that was unknown to the applicant.
6. 6)Nullity of the judgment for violation of a mandatory provision.
7. 7)Material error affecting the outcome of the judgment.

An application for review must be filed within two months from the date the applicant became aware of the ground relied upon, and in any case within ten years from the date the judgment became final.

An application for review shall be filed with the court that rendered the contested judgment, by means of a petition setting out the grounds relied upon and accompanied by evidence.

The court shall first examine the admissibility of the application for review. It shall be admissible where the applicant demonstrates that the ground relied upon is of a nature capable of leading to a different outcome.

Where an application for review is admitted, the court may order a stay of enforcement of the contested judgment pending the determination of the application.

The application for review shall be heard in the same manner as the original proceedings.

Where the application for review is well-founded, the court shall render a fresh judgment superseding the contested judgment. Where it is unfounded, the court shall dismiss it and the contested judgment shall remain final.

An application for review shall not in itself suspend the enforcement of the contested judgment, unless the court orders otherwise.

An application for review may also be filed before the Court of Cassation where the contested judgment was rendered by that court.

The res judicata force of the contested judgment shall be suspended upon the admission of the application for review, pending the fresh judgment.

Any party who discovers that a judgment rendered against them was obtained by fraud or by the use of a forged document may bring a principal action for rectification of the judgment before the court that rendered it.

The action to rectify a forged judgment shall be admissible where the applicant demonstrates that the judgment was obtained by fraud, the fraud could not have been discovered before finality, and the action is brought within the prescribed time limit.

Must be brought within ten years of discovering the fraud.

Special procedures apply to: cash, registered vehicles, aircraft, ships, shares and securities, and intellectual property. Lebanese courts have exclusive jurisdiction over enforcement disputes relating to Lebanese State concessions.

Seized and deposited with the execution department immediately.

By registration with the issuing entity; no transfer after notice.

By registration with the vehicle registration authority; physical seizure where necessary.

Any creditor may join an existing seizure by filing a joinder declaration before the sale date.

The joining creditor participates in distribution in accordance with their priority.

At public auction on the date and at the place fixed by the head of the execution department.

By the agent or an expert appointed by the head.

Conducted by the agent or an appointed auctioneer; adjudicated to the highest bidder.

Assets shall not be sold below the minimum price fixed on the basis of the appraisal.

Proceeds applied to: enforcement costs; seizing creditors in order of priority; any surplus remitted to the debtor.

Conducted through the competent stock exchange or financial market.

A third party claiming ownership of seized property may bring a recovery action; the action shall not suspend enforcement unless the court so orders.

Filed with the head; a hearing shall be fixed.

Within fifteen days; appealable before the court of appeal.

The head may order a stay where a substantial objection is pending.

Order: enforcement costs; privileged claims; mortgage claims; general lien claims; ordinary claims pro rata.

Within thirty days of deposit; communicated to all creditors.

Within fifteen days; heard and decided by the head.

Lebanese courts shall execute them in accordance with Lebanese law and applicable treaties.

Through diplomatic channels unless a treaty provides otherwise.

Per Lebanese law, subject to reciprocity.

A register of civil partnerships shall be established at the registry of the primary chamber hearing civil matters; its organisation shall be determined by decree of the Council of Ministers on the proposal of the Minister of Justice.

Save for instruments establishing a personal or real right (subject to Articles 847–856), foreign official instruments shall not be enforceable in Lebanon except pursuant to an order under Article 1013.

Only where:

1. 1)Issued by the competent official authority per the law conferring authority.
2. 2)Drawn up in the prescribed form under the laws of the country of execution.
3. 3)Contains nothing contrary to public policy.
4. 4)Has enforcement force under the laws of the country of execution.

The court may suspend proceedings at the request of a party or of its own motion where the resolution of the action depends on the outcome of another pending action, or where the court considers a stay to be appropriate for any other reason consistent with the proper administration of justice.

Pleas of inadmissibility may be raised at any stage of the proceedings; the court shall examine them of its own motion where they are based on grounds of public policy.

Where a court rules on a plea in the form of a preliminary decision, that decision shall be immediately enforceable unless the court orders a stay pending appeal. A ruling dismissing a plea shall not have res judicata effect in relation to the substance of the dispute.

In monetary claims, the value of the dispute shall be assessed by reference to the amount claimed, including accessory amounts where they exceed the principal, without taking into account any future elements.

The Court of Cassation shall hear:

1. 1)Applications for cassation of final judgments rendered by courts of appeal in civil and commercial matters.
2. 2)Applications for transfer of actions from one court to another in the cases prescribed in Article 116 of this Code.
3. 3)Any other application assigned to it by law.

The Court of Cassation sitting in plenary session (3), constituted as determined in the Judicial Organisation Law (4), shall hear:

1. 1)Actions brought against the State in respect of liability arising from the acts of civil judges (1).
2. 2)Any case in which it is necessary to rule on an important legal principle or in which such a ruling would lead to a contradiction with a prior judgment; in that case, the case shall be referred to the plenary session by a decision of the chamber before which the action is pending.
3. 3)Applications for designation of the competent court where a positive or negative conflict of jurisdiction arises:
4. 4)Between two ordinary courts.
5. 5)Between a civil court and a Sharia or denominational court.
6. 6)Between a Sharia court and a denominational court.
7. 7)Between two different denominational or Sharia courts.
8. 8)Appeals against a final decision (2) issued by a denominational or Sharia court for lack of jurisdiction of that court or for violation of an essential formality relating to public policy.
9. 9)Applications for cassation of judgments in the interest of the law, submitted by the Advocate-General at the Court of Cassation.

The urgent matters judge may, even in the presence of a serious dispute, order any necessary or useful interim or urgent measure.

Proceedings before the urgent matters court shall be governed by the ordinary rules of procedure, subject to such modifications as are required by their urgent nature.

The urgent matters court may order:

1. 1)Precautionary attachment and other conservatory measures.
2. 2)Provisional measures concerning the custody of children, maintenance and the matrimonial home.
3. 3)The appointment of a sequestrator.
4. 4)Any other interim measure necessary to preserve rights.

Rulings of the urgent matters court shall not prejudice the merits of the dispute.

Rulings of the urgent matters court may be revoked or modified by the same court where the circumstances that justified them have changed.

Urgent matters rulings shall be provisionally enforceable by operation of law.

An urgent matters ruling shall not constitute res judicata as to the merits of the dispute.

A sequestrator shall be appointed to take custody of disputed property and manage it pending the resolution of the dispute. The sequestrator shall render an account of their administration upon termination of the sequestration.

The court may order the sequestration of movable or immovable property that is the subject of a dispute or connected to a claim, for the purpose of preserving its value and protecting the rights of the parties.

The court may grant the sequestrator the powers necessary to manage the sequestered property, including the collection of revenues and the making of urgent repairs.

Sequestration shall terminate upon settlement of the dispute, or where the court orders its termination after finding that the grounds for it no longer exist.

The court shall, of its own motion or at the request of a party, order any investigation necessary to verify the facts relevant to the resolution of the dispute.

Legal aid may be withdrawn where the beneficiary's financial situation improves, or where it is established that the application was based on false information.

Where the legal aid beneficiary is successful in the proceedings and recovers an award covering the costs, the amounts advanced by the State shall be recovered from the award.

After the trial has been declared closed, a party may apply for it to be reopened only where new facts or new evidence have come to light that could not have been discovered earlier.

The court may, of its own motion or at the request of a party, order the consolidation of related actions pending before the same court, for joint adjudication.

The court may order the separation of consolidated actions where their joint adjudication would cause undue delay or prejudice.

The court may suspend proceedings where the resolution of the action depends on the determination of a prior question by another court or authority.

Proceedings shall be automatically interrupted in the following cases:

1. 1)Death of a party.
2. 2)Incapacity of a party.
3. 3)Cessation of the functions of a party's legal representative.

Hearings shall be held in public, unless the court orders a hearing in camera for reasons of public policy, morality or the privacy of the parties. The court shall give each party equal opportunity to present their case.

The presiding judge shall maintain order in the hearing room and may expel any person who disrupts the proceedings. The presiding judge may impose a fine on any person who shows contempt of court.

The registrar shall draw up a record of each hearing setting out the procedural steps taken, the decisions rendered and the documents produced. The record shall be signed by the presiding judge and the registrar.

The urgent matters court may appoint a provisional administrator to manage the affairs of a legal person where its management has broken down.

Proceedings before the urgent matters court shall be simple and expeditious. The court shall rule without delay after hearing the parties.

Service of process in urgent matters may be effected by the most expeditious means, and the notice periods may be shortened by the urgent matters court.

Urgent matters may be heard in the presence of all parties (contradictory) or, in cases of extreme urgency, ex parte (non-contradictory). Non-contradictory rulings shall be served on the opposing party immediately.

Where well-founded, the court shall declare the judgment null and void and render a fresh judgment.

Arbitration is a means of resolving disputes by the decision of one or more arbitrators chosen by the parties, in lieu of the ordinary courts.

Arbitration shall be either:

1. 1)Ordinary arbitration: in which the award is subject to appeal before the courts.
2. 2)Absolute arbitration: in which the parties waive all means of recourse against the award.

A written agreement by which parties agree to submit to arbitration all or certain disputes arising from a defined legal relationship, whether contractual or not.

Must be in writing; may be in the main contract or a separate instrument.

Any dispute of a patrimonial nature may be submitted to arbitration, except disputes where the parties have no right to settle.

Cassation shall not be admissible against decisions of the court of appeal rendered in absolute arbitration unless the court of appeal has set aside the award, in which case cassation is limited to the setting-aside grounds.

One month from service of the court of appeal's decision; where the award was set aside, one month from service of the setting-aside decision.

Appointed by agreement of the parties; in the absence of agreement, by the competent court.

Must be odd; where an even number is designated, an additional arbitrator shall be appointed.

Must be a natural person of full legal capacity; judges in active service may not serve as arbitrators except as provided by law.

On the grounds for challenging judges; the challenge shall be submitted to the competent court.

A replaced arbitrator shall be appointed by the same means as the original.

Determined by the parties; in the absence of agreement, by the arbitrators.

The law chosen by the parties, or the law with the closest connection to the dispute.

The parties are free to agree on procedure; in the absence of agreement, the tribunal shall conduct the arbitration as it considers appropriate.

The tribunal shall ensure each party has an equal opportunity to present their case.

The tribunal may order production of documents, examine witnesses, and appoint experts.

The tribunal may, unless the parties agreed otherwise, order any interim or conservatory measure it considers necessary.

The tribunal may draw appropriate inferences; where compulsion is required, the matter shall be referred to the competent court.

Cassation does not suspend execution of the contested decision, unless the Court of Cassation orders otherwise. Execution of decisions on maintenance, custody or enforcement may not be suspended except on a serious ground. Filing cassation does not affect the continuation of arbitration proceedings.

Rendered by majority; must be in writing and signed by all or a majority of arbitrators.

Must contain: names of arbitrators and parties, summary of submissions, grounds, operative part, date, place and signatures.

Within the time limit agreed by the parties or fixed by the court.

May be extended by party agreement or, failing that, by the competent court.

The tribunal may correct errors and interpret ambiguous points within thirty days, of its own motion or at the request of a party.

The tribunal may render an additional award within thirty days where it has failed to rule on a submitted claim.

Shall be deposited with the registry of the competent court of first instance.

Enforceable upon grant of the enforcement formula by the competent court, unless set aside.

Filed by petition with the president of the competent court of first instance.

Granted where: the agreement is valid, the tribunal was properly constituted, the award was rendered within the time limit, and the award does not violate public policy.

The president shall rule without hearing the opposing party; the decision may be appealed.

Filed before the court of appeal within fifteen days of service.

May be set aside by the competent court on the grounds provided by law.

No valid agreement; improper constitution; ruling ultra or infra petita; non-observance of the adversarial principle; violation of public policy.

Constituted and conducted in accordance with the Judicial Organisation Law.

Must be brought within one month of service of the award or of the enforcement formula decision.

Before the court of appeal in the district where the award was rendered.

Before the court of appeal within fifteen days.

Upon the statement becoming final, the head shall pay each creditor.

Where the debtor concealed or fraudulently transferred assets, has absconded or threatens to abscond, or in other cases specifically provided by law.

The commercial register and related special register at the primary chamber hearing commercial matters shall be organised by decree. A central commercial register with a related special register shall be established at the primary chamber hearing commercial matters in Beirut, also organised by decree. These provisions apply immediately upon publication.

[Enforcement/procedure provision — see Arabic source for full text of Article 970]

[Enforcement/procedure provision — see Arabic source for full text of Article 971]

[Enforcement/procedure provision — see Arabic source for full text of Article 972]

[Enforcement/procedure provision — see Arabic source for full text of Article 973]

[Enforcement/procedure provision — see Arabic source for full text of Article 974]

[Enforcement/procedure provision — see Arabic source for full text of Article 975]

[Enforcement/procedure provision — see Arabic source for full text of Article 976]

[Enforcement/procedure provision — see Arabic source for full text of Article 977]

[Enforcement/procedure provision — see Arabic source for full text of Article 978]

[Enforcement/procedure provision — see Arabic source for full text of Article 979]

[Enforcement/procedure provision — see Arabic source for full text of Article 980]

[Enforcement/procedure provision — see Arabic source for full text of Article 981]

[Enforcement/procedure provision — see Arabic source for full text of Article 982]

[Enforcement/procedure provision — see Arabic source for full text of Article 983]

[Enforcement/procedure provision — see Arabic source for full text of Article 984]

[Enforcement/procedure provision — see Arabic source for full text of Article 985]

[Enforcement/procedure provision — see Arabic source for full text of Article 986]

[Enforcement/procedure provision — see Arabic source for full text of Article 987]

In non-monetary claims, the value of the dispute shall be assessed by reference to the real value of the subject-matter of the dispute at the time the action is brought.

Where the value of the dispute cannot be determined by the preceding methods, the court shall assess it at its discretion.

Where the subject-matter of the claim is indivisible, each portion of the claim shall have the same value as the whole.

An investigation order shall specify the subject of the investigation and the means to be employed. The court may add to or modify the investigation order at any stage of the proceedings.

The investigation shall be conducted before the court, unless it orders that it be conducted outside the hearing by a member of the court or by a person appointed for that purpose.

The result of the investigation shall be incorporated in the judgment or in a separate official record submitted to the court.

Where genuineness of a private document is contested by a plea of denial of signature, the court shall order verification of signatures in the manner prescribed in this Code.

The authenticity of a mechanical copy or other document referred to in Article 143 may be contested by any means of proof.

A party who wishes to rely on an official instrument or a private document must exhibit the original or a certified copy thereof.

Where an official instrument is recorded in a public register, a party may rely upon a certified transcript thereof extracted from the register.

The fine referred to in Article 177 was amended by Article 1 of Decree No. 2411 of 7/5/1992, and again by Article 1 of Decree No. 3800 of 6/9/2000. A party who is found guilty of signing and submitting a fabricated document as evidence, or of continuing to rely on a document after it has been declared null and void as evidence, shall be liable to a fine of not less than forty thousand Lebanese pounds and not more than two million Lebanese pounds.

Where a party alleges forgery of an official instrument, the court shall order the instrument to be retained at the registry and shall, where appropriate, refer the parties to the competent criminal court.

Where criminal proceedings for forgery have been instituted, the civil court shall suspend the proceedings before it until a final criminal judgment is rendered.

A criminal judgment finding the document to be forged shall be binding on the civil court and shall be treated as full proof that the document is forged.

A criminal acquittal shall not preclude a party from raising a plea of forgery in civil proceedings, unless the acquittal expressly establishes the authenticity of the document.

Where a forgery plea is raised during criminal proceedings, the civil forgery procedure shall not apply. The civil court shall stay its proceedings pending the criminal judgment.

Where the court decides not to refer the forgery plea to the criminal court, it shall adjudicate the plea itself in accordance with the provisions of this Section.

Proof of forgery may be established by any means of proof, including documents, witnesses and expert evidence.

Where the forgery plea is raised by way of a principal action, the procedure shall be the same as that applicable to the incidental plea, save that the action shall be heard in the ordinary manner.

The court may order the sequestration of the contested instrument pending final judgment on the forgery plea, and shall in any case refrain from relying on it until the plea is resolved.

The court may examine the contested instrument in the presence of the parties and draw appropriate inferences from its external appearance and from the circumstances of the case.

The court may appoint an expert to examine the contested instrument and to report on the technical means of forgery alleged.

Witnesses may be heard in forgery proceedings, subject to the ordinary rules governing witness testimony.

The court may rely on presumptions derived from the circumstances of the case in order to establish or refute the alleged forgery.

A party who admits the genuineness of the contested instrument may no longer rely on the forgery plea.

A party who withdraws the forgery plea shall be liable for the costs incurred thereby, and the court may impose a fine on them if the plea was abusive.

Where the party relying on the contested instrument abandons it before judgment, the forgery proceedings shall be discontinued without prejudice to any criminal liability.

Where the forgery plea is dismissed, the court shall restore the instrument to its full evidential value and may impose a fine on the pleader.

Where the court finds the document to be forged, it shall order its destruction, the striking out of the forged portions, its correction, or the restoration of its authentic text.

In all cases, the judgment shall order the return of documents submitted for the purpose of comparison.

A judgment rendered in forgery proceedings shall not be enforceable until it is final.

So long as the contested instrument is deposited at the court registry, no copy thereof shall be issued except by order of the court. In any case, every copy shall bear a special notation indicating the existence of the forgery proceedings.

Where a criminal action has been brought in respect of the alleged forgery, the civil court shall stay the civil proceedings before it until the criminal action is finally determined, unless the civil action can be adjudicated without relying on the contested instrument.

A criminal acquittal shall not preclude a party in civil proceedings from alleging forgery of the instrument that was the subject of the criminal action, where the acquittal was based on the benefit of the doubt but does not establish the authenticity of the instrument itself.

The court may, even if no forgery plea has been lodged under the foregoing procedure, rule that any document relied upon be set aside if it is manifestly apparent from the document's condition or from the circumstances of the case that it is forged. In that case the court must state in its judgment the circumstances and presumptions from which it drew that conclusion.

Any person who fears that a forged instrument may be relied upon against them may bring an action against the holder of that instrument and against any person who benefits therefrom, seeking a declaration that the instrument is forged. Such an action shall be brought as a principal action by ordinary procedure. The court shall apply, in the investigation and adjudication of such an action, the rules set out in this Section and in the preceding Section.

Upon interruption of proceedings, all pending time limits shall be suspended. The proceedings may be resumed by the legal successor or representative of the party affected by the interrupting event.

Proceedings shall be resumed by the serving of a notice of resumption on all parties. Time limits shall begin to run afresh from the date of resumption.

Proceedings shall lapse where no procedural step has been taken by any party for a period of three years. Lapse shall be declared by the court of its own motion or at the request of a party.

Lapse of proceedings shall not extinguish the right of action; it shall merely render the proceedings null and void. The parties may bring fresh proceedings.

Lapse of proceedings shall not apply where the delay was caused by force majeure or by the opposing party's conduct.

The lapse period shall be interrupted by any procedural step taken by any party, by any order of the court, or by any act constituting service on the opposing party.

A party may withdraw from the proceedings at any stage before judgment. Withdrawal shall require the consent of the opposing party where that party has already filed a defence.

Withdrawal from proceedings shall render the procedural acts performed null and void. It shall not affect the substantive rights of the parties, which may be the subject of fresh proceedings.

A party may waive their substantive right by an express declaration filed with the court registry. Waiver shall be definitive and irrevocable once accepted by the opposing party.

Judgments shall be rendered by the court having jurisdiction in accordance with this Code, after deliberation in camera, and shall be signed by the judges who rendered them.

Deliberation shall take place exclusively among the judges composing the court. No other person shall be present during deliberation.

Judgments shall be rendered by majority. Where no majority is reached, the presiding judge shall have a casting vote.

Every judgment shall contain:

1. 1)The name of the court and its composition.
2. 2)The names, capacities and domiciles of the parties and their counsel.
3. 3)A summary of the parties' submissions.
4. 4)The grounds of the judgment.
5. 5)The operative part of the judgment.
6. 6)The date and place of rendering.
7. 7)The signatures of the judges.

The judgment shall set out, clearly and in sufficient detail, the factual and legal grounds on which it is based.

Judgment shall be pronounced at the hearing or at a subsequent sitting set for that purpose. The judgment shall be deemed rendered from the date of its pronouncement.

Judgments shall be entered in a special register kept for that purpose at the court registry, and shall be numbered in consecutive order.

Judgments shall be served on the parties in the manner prescribed for service of process. The service shall be effected ex officio by the court registry, or at the request of a party.

The losing party shall bear the costs of the proceedings, including court fees, service charges and attorneys' fees, unless the court decides otherwise in the interest of justice.

The court may apportion costs between the parties where each party has partially succeeded and partially failed.

The court may require a foreign plaintiff or a plaintiff of unknown domicile to provide security for the costs of the proceedings.

Judgments shall be executed in accordance with the provisions of this Code and the laws relating to enforcement.

A party against whom a non-contradictory urgent matters ruling has been rendered may oppose it within the time limit provided by law. The opposition shall be heard before the urgent matters court.

Urgent matters rulings shall be subject to appeal before the court of appeal within fifteen days of their service on the opposing party.

The court may, in appropriate cases, order interim measures to preserve the rights of the parties or to prevent irreparable harm pending the determination of the dispute.

Interim measures may be ordered where:

1. 1)There is a prima facie case on the merits.
2. 2)There is a risk of irreparable harm.
3. 3)The balance of convenience favours granting the measure.

Interim measures may include:

1. 1)Precautionary attachment of assets.
2. 2)Prohibition on the disposal of assets.
3. 3)Order for the preservation of evidence.
4. 4)Appointment of a sequestrator.
5. 5)Any other measure necessary to prevent irreparable harm.

The court may require the applicant for an interim measure to provide security sufficient to compensate the opposing party in the event that the measure proves to have been unjustified.

Interim measures may be modified or revoked by the court at any time upon the application of either party, where the circumstances have changed.

Interim measures shall not prejudge the merits of the dispute, and shall not constitute res judicata in relation thereto.

Interim measures shall not be ordered after a final judgment has been rendered on the merits, except for the purposes of enforcement.

Actions against the State for liability from acts of civil judges shall be heard by the Court of Cassation in plenary session.

Established where the judge committed gross misconduct or wilful fault, the judicial system failed, and the applicant suffered direct damage.

Filed by petition with the plenary session of the Court of Cassation.

The State may have recourse against a judge found guilty of gross misconduct or wilful fault.

Arbitration where at least one party has its domicile or principal place of business outside Lebanon.

Governed primarily by the parties' agreement; otherwise by the domestic arbitration rules adapted to the international character.

Recognised where valid under the law of the seat or under Lebanese law.

Enforceable upon grant of the enforcement formula, subject to Article 733 conditions.

Refused where: the agreement was invalid; no proper notice; award outside the agreement's scope; improper tribunal composition; award set aside in country of origin; violation of Lebanese public policy.

Means by which a debtor fulfils their obligation and is released from liability where the creditor refuses to accept payment.

Valid where: made by a capable payer to a capable recipient; subject corresponds exactly to the obligation; unconditional; and the time for payment has arrived.

The exact amount shall be presented to the creditor; if refused, deposited with the competent court or official body designated by law.

The debtor shall file an application with the execution department or court, declaring the tender and requesting authorisation to deposit.

Releases the debtor and stops the running of interest.

The debtor may apply to the court to validate the tender and deposit; the court shall do so where the conditions of Article 751 are met.

The debtor may withdraw before the creditor accepts or before court validation, without prejudice to the running of interest.

The provisions on tender and deposit apply mutatis mutandis to non-monetary performance.

Enforcement shall be effected by the execution department in accordance with this Code.

Consists of a head (judge), enforcement agents and necessary staff.

Receives and processes enforcement applications; carries out acts of enforcement; adjudicates enforcement disputes.

The department in the debtor's district has territorial jurisdiction, unless the law provides otherwise.

Filed with the head; supported by evidence.

Issued after hearing the parties; specifies duration and release amount.

Not exceeding three months in any twelve-month period.

Upon payment; settlement; expiry of maximum period; or court order.

Does not discharge the obligation; enforcement may resume after release.

Exempt: persons over seventy; pregnant and nursing women; persons with a serious certified illness; and others by law.

Provisional release may be ordered where the detained debtor's health deteriorates seriously.

Enforceable upon grant of the enforcement formula by the competent Lebanese court.

Filed by petition with the president of the primary chamber.

All of the following must be met:

1. 1)The foreign court had jurisdiction.
2. 2)The judgment is final under the law of origin.
3. 3)Parties were duly summoned and heard.
4. 4)No contradictory prior Lebanese judgment.
5. 5)Not contrary to Lebanese public policy.

On the basis of submitted documents; additional documents may be requested.

The court may fix a hearing before ruling.

Where one or more conditions of Article 930 are not met.

Where only part of the judgment violates public policy, the formula may be granted for the remainder.

Appealable before the court of appeal within one month of service.

Any ground that could have been raised in first instance proceedings.

[Enforcement/procedure provision — see Arabic source for full text of Article 988]

[Enforcement/procedure provision — see Arabic source for full text of Article 989]

Where a plurality of claims arises from the same cause of action, their values shall be aggregated for jurisdictional purposes. Where claims arising from different causes of action are cumulated in a single action, each claim shall be assessed independently.

In claims relating to periodic obligations, the total amount of instalments due and not yet due shall be taken into account in assessing the value.

In actions arising from alternative obligations (1), the higher-valued option shall be considered.

The rules concerning conflicts of jurisdiction shall not apply where one of the courts involved is an arbitral tribunal.

The Court of Cassation may, at the request of a party or of the Advocate-General, order the transfer of an action from one court to another for legitimate grounds, in particular in the interest of justice or public security.

The court may question the parties or their counsel at any point during the hearing and may request clarifications or additional information.

The presiding judge shall maintain order in the hearing room and may expel any person who disrupts the proceedings. Contempt of court shall be punishable by a fine.

The urgent matters court has jurisdiction to hear all urgent matters that do not affect the merits of the dispute and that require immediate judicial action to prevent irreparable harm or to preserve rights.

A matter is urgent within the meaning of this Code where delay would render the relief sought ineffective or would cause harm that cannot be remedied once the main action is decided.

The urgent matters court may order any provisional or conservatory measure, without prejudice to the merits of the dispute.

Proceedings before the urgent matters court shall be expedited. The court shall hear the parties with minimum delay and shall rule promptly.

In cases of extreme urgency, the urgent matters court may render an order without hearing the opposing party. The order shall be served on the opposing party immediately, who may apply to have it set aside.

A party against whom an ex parte order has been rendered may apply to the urgent matters court to have it set aside or modified. The court shall hear the parties before ruling on the application.

Urgent matters orders shall remain in force until the court modifies or revokes them, or until the main action is finally determined.

Urgent matters orders shall be provisionally enforceable by operation of law and shall not prejudge the merits of the dispute.

Urgent matters orders shall be subject to appeal before the court of appeal within fifteen days of service on the opposing party.

The costs of urgent matters proceedings shall be borne by the losing party, unless the court orders otherwise.

An action is the right of every person with a claim to bring it before the courts for adjudication on its merits. With respect to the opposing party, it is the right to raise grounds of defence or a plea aimed at defeating that claim. The right to sue and the right to defend shall vest in every natural or legal person, whether Lebanese or foreign.

The Public Prosecution shall have the right to sue in the cases designated by law (1), and in matters relating to public order when facts or acts likely to disturb it occur.

An action shall be available to anyone with an existing legal interest, or who does not seek thereby merely to establish a right whose existence is disputed, to guard against a possible or future harm, or to preserve evidence of a right the proof of which is feared to be lost upon dispute thereof — except in cases where the law restricts to specific persons of a defined capacity the right to submit, contest or defend a particular interest. No claim, plea or defence submitted by or against a person who lacks standing shall be admissible.

The right to sue and the right to defend are governed by the requirement of good faith in their exercise; every claim or plea submitted in an abusive manner shall be dismissed, and whoever submits it shall be exposed to liability for the damage caused thereby.

The court shall, of its own motion, impose on the abusive party a fine of not less than forty thousand Lebanese pounds and not more than two million Lebanese pounds.

The capacity to litigate shall be governed by the law of the litigant's state. The law of the state of the person who lacks or has limited capacity, or who is missing, shall govern matters relating to their supervision and representation.

At every stage of proceedings, the court shall verify legal capacity to litigate and the validity of the representation of persons who lack or have limited capacity, or who are missing.

Where the personal status law applicable to a party requires the representative of a person lacking or with limited capacity, or of a missing person, to obtain judicial authorisation to litigate, the court before which the action must be brought may grant such authorisation, which shall remain valid at all stages of the proceedings and enforcement.

Where an action is brought against a person lacking or with limited capacity, or against a missing person who has no legal representative, or where an action is brought against a defendant who is discovered to be deceased or who dies during the proceedings and whose heirs cannot be identified, the court hearing the action may effect service by publication in the Official Gazette and in two local daily newspapers designated by the court. Two months after the last publication, the court shall appoint a special representative to stand in the place of the legal representative or the heirs if no legal representative for the heirs, the incapacitated person or the missing person has appeared. The special representative shall remain in that capacity at all stages of the proceedings and before the enforcement departments until a legal representative is appointed or the heirs are identified. The special representative may not make admissions (1), grant waivers, lodge appeals, enter into settlements or submit to a claim. The remuneration of the special representative shall be fixed by order of the court that appointed them and shall be considered as part of the costs of the action.

Jurisdiction is of four types:

1. 1)International jurisdiction: determining the state whose judicial body is competent to hear the action.
2. 2)Subject-matter jurisdiction (functional): determining the judicial authority competent to hear the action.
3. 3)Rational jurisdiction (material): determining the category and level of the court within the same judicial authority.
4. 4)Territorial jurisdiction: determining which court among courts of the same category and level has the power to hear the action.

The First President of the Court of Cassation shall, by a non-appealable order, settle disputes arising from the work-distribution order between the chambers of that court. The First President of the Court of Appeal shall, by a non-appealable order, settle disputes arising from the work-distribution order between the chambers of that court, and disputes arising from the distribution order between the chambers and divisions of the court of first instance. An order of the First President referred to above is purely administrative in character and does not affect the merits.

An official instrument shall also constitute full proof as against third parties of all facts recorded therein, but only to the extent that those facts cannot be contradicted by any means of proof.

If an official instrument is null and void as such by reason of incompetence of the official who drew it up or a defect in the prescribed form, it shall nonetheless be valid as a private document if signed by the parties.

Copies and transcripts of official instruments shall have the same probative value as the original, in accordance with the conditions established by law.

A private document is any signed writing that is not an official instrument.

A private document acknowledged by the party against whom it is relied upon, or legally deemed to be acknowledged, shall constitute full proof between the parties and their successors.

A party against whom a private document is relied upon shall acknowledge or deny their signature, and if they are heirs or successors, they may declare that they do not know whether the signature is that of their predecessor. Denial or declaration of ignorance must be explicit; silence shall not be deemed acknowledgement.

A private document shall not be binding on third parties as to its date unless that date is established with certainty, either by registration, by the death of one of the signatories, or by any other certain means.

Account books of merchants shall be admitted as proof against them, provided they are regular. They shall not constitute proof in favour of their holder.

In disputes between merchants, the court may take account books of the parties into consideration, even when they are irregular, and may draw appropriate inferences therefrom.

Domestic books and papers shall not constitute proof in favour of their author. They shall, however, constitute proof against them in the following cases:

1. 1)Where they clearly record a payment received.
2. 2)Where they explicitly state that the entry was made to compensate for a deficiency in the instrument constituting the debt.
3. 3)Where they mention a debt and acknowledge that the amount has been received.

Any note written by the creditor on the margin, at the foot, or on the back of an instrument drawn up by them or delivered to the debtor, and tending to show the liberation of the debtor, shall be deemed proof against the creditor, even if not signed, provided it comes from the creditor.

A telegram shall have the same evidential force as a private document where the original bears the sender's signature. If the original is not available, the telegram may nonetheless be admitted as circumstantial evidence.

Only judgments that have become final or that are declared provisionally enforceable may be executed.

The court may declare a judgment provisionally enforceable, with or without security, where it considers that delay in enforcement would cause irreparable harm.

Provisional enforceability shall be granted where:

1. 1)The dispute concerns maintenance, wages or matters of urgency.
2. 2)The delay in enforcement would cause serious harm to the winning party.
3. 3)The appeal has no real prospect of success.

An appeal against a provisionally enforceable judgment shall not suspend its execution unless the court of appeal so orders, subject to the provision of adequate security by the appellant.

The court may correct material errors and clerical mistakes in judgments of its own motion or at the request of a party. The correction shall be made by means of a supplementary judgment served on the parties.

Where the operative part of a judgment is unclear or ambiguous, any party may apply to the court that rendered it for an interpretation. The interpretation shall be made by means of a supplementary judgment.

Where the court has omitted to rule on one or more of the claims before it, any party may apply to the same court to complete the judgment. The application shall be decided in the same manner as the original action.

Applications for correction, interpretation or completion shall be submitted within three years from the date of service of the judgment, subject to any shorter time limit provided by law.

Recourse against judgments shall be of two types:

1. 1)Ordinary means of recourse: appeal and opposition.
2. 2)Extraordinary means of recourse: cassation, third-party opposition, application for review, and action for rectification of forged judgments.

Ordinary means of recourse are available as of right, without the need to establish a specific ground of error.

Extraordinary means of recourse are available only on the specific grounds provided by law.

Opposition is the means by which a party against whom a default judgment has been rendered seeks to have the judgment set aside and the case retried.

Opposition must be lodged within fifteen days from the date of service of the default judgment on the defaulting party.

Opposition shall be admissible only against default judgments. It shall not be available where the party seeking to oppose appeared at the hearing or was deemed to have been present.

Where opposition is admitted, the default judgment shall be suspended and the case shall be reheard before the same court.

An application for possessory attachment shall be filed with the execution department or with the urgent matters court, as appropriate.

Possessory attachment shall prevent the possessor from disposing of the attached property. The property shall be administered pending the determination of the title dispute.

Possessory attachment shall be released where the applicant fails to bring the principal action within the prescribed time limit, or where the attachment is declared null and void by the court.

Garnishment (hujz lada al-ghayr — garnishment) is a measure by which a creditor attaches sums or assets owed by a third party to the debtor, thereby preventing payment to the debtor pending the determination of the creditor's claim.

Garnishment may be ordered where:

1. 1)The creditor has a claim against the debtor.
2. 2)The debtor has a claim against a third party.
3. 3)The conditions for precautionary or enforcement seizure are met.

An application for garnishment shall be served on the third-party garnishee, who shall be required to declare whether they owe any amounts or hold any assets on behalf of the debtor.

The garnishee shall file a declaration with the execution department within the time limit prescribed by law, stating whether they are indebted to the debtor and, if so, the nature and amount of the debt.

Garnishment shall freeze the assets or sums held by the garnishee to the extent of the creditor's claim. The garnishee shall not make any payment to the debtor after service of the garnishment.

The garnishee who fails to comply with the garnishment order or who makes payment to the debtor in violation thereof shall be personally liable to the attaching creditor for the amount paid.

Garnishment shall be released where:

1. 1)The debtor provides adequate security.
2. 2)The garnishment is declared null and void by the court.
3. 3)The attaching creditor abandons the claim.

Where the creditor obtains judgment, the precautionary garnishment shall be converted into an enforcement garnishment.

Enforcement seizure is the compulsory measure by which a creditor, holding an enforceable judgment, seizes the assets of the debtor in order to satisfy the claim through forced sale.

An appeal shall be admissible where:

1. 1)The judgment is appealable.
2. 2)The appellant has standing to appeal.
3. 3)The appeal is filed within the prescribed time limit.
4. 4)The appeal is filed in the prescribed form.

An appeal shall be filed by means of a writ of appeal served on the opposing party and filed with the registry of the court of appeal.

The writ of appeal shall contain:

1. 1)The names and domiciles of the parties.
2. 2)The judgment under appeal.
3. 3)The grounds of appeal.
4. 4)The relief sought.

The appeal shall be filed with the registry of the court of appeal within one month from the date of service of the judgment on the appellant.

The time limit for filing an appeal shall be one month from the date of service of the judgment, unless the law provides otherwise.

The time limit for filing an appeal shall be extended by one month for parties domiciled outside Lebanon.

The time limit for appeal shall be interrupted by the lodging of an opposition against the judgment, and shall begin to run afresh from the date the opposition is decided.

The time limit for appeal shall be suspended during the period of incapacity or death of a party, and shall begin to run afresh from the resumption of proceedings.

Where the respondent opposes the appeal, the opposition shall be filed within the time limit applicable to appeals, unless the law provides otherwise.

A respondent on appeal may file a cross-appeal against the same judgment, even after the time limit for appeal has expired, provided it is filed before judgment is rendered on the main appeal.

Proceedings before the court of appeal shall follow the procedure applicable before the primary chamber, with the modifications provided in this Chapter.

New claims shall not be admissible on appeal. The court of appeal shall adjudicate only the claims submitted at first instance, within the scope of the grounds of appeal.

New evidence may be adduced on appeal where it was not available at first instance or where it is necessary for the just determination of the appeal.

The court of appeal shall review the case both as to law and as to fact, within the scope of the grounds of appeal raised by the parties.

The court of appeal may affirm, modify or reverse the judgment of the first instance court, or refer the case back to that court in exceptional circumstances provided by law.

The court of appeal shall refer the case back to the first instance court where the first instance judgment is vitiated by a procedural defect that the court of appeal cannot correct itself, or where the case requires a fresh determination of the facts.

Where only one party has appealed, the court of appeal may not render a judgment more unfavourable to that party than the judgment under appeal (reformatio in peius).

The judgment of the court of appeal shall supersede the first instance judgment on all points adjudicated on appeal.

Jurisdiction over all enforcement matters in its district; decisions subject to appeal before the court of appeal.

Exercises all statutory powers including issuing orders, determining objections and supervising enforcement.

Maintains records of all proceedings including seizure records, sale records and distribution statements.

Shall act faithfully, impartially and efficiently under the supervision of the head.

The head may delegate acts to agents or other designated persons.

Borne by the debtor and deducted from the proceeds of the forced sale.

Fixed by law; paid by the requesting party in the first instance, recovered from the debtor.

An agent who causes damage through fault in performance is personally liable to the injured party.

The nature of an action shall be determined by reference to the right it protects: it is personal where the right is personal, real where the right is real, and mixed where the subject-matter involves both rights simultaneously, or where the action seeks the performance, avoidance, rescission, or nullification of a contract based on a real right. Actions that do not fall within the categories referred to in the first paragraph, notably those concerning non-patrimonial rights, shall be treated as personal actions.

An action is movable where the subject of the right it seeks to protect is movable property, and immovable where it concerns a real right over an immovable or possession thereof.

Real immovable actions shall be divided, according to their purpose, into actions concerning the right and possessory actions.

The classification of actions shall be governed by Lebanese law.

International jurisdiction shall be determined for Lebanese courts on the basis of the rules applicable to domestic jurisdiction, without distinction between Lebanese and foreign parties.

Lebanese courts shall have jurisdiction to hear personal status matters where the parties concerned are Lebanese nationals.

Lebanese courts shall have jurisdiction to hear any case involving a Lebanese national or interests located in Lebanon where no other competent court exists.

Any action concerning the validity or breach of a concession granted or recognised by the Lebanese State shall be brought before Lebanese courts, subject to the provisions of Article 762, new paragraph three (1), and Article 809, second paragraph.

In addition to the cases referred to in the preceding Articles, and subject to the provisions of Legislative Decree No. 34 of 5 August 1967, Lebanese courts shall have jurisdiction to hear actions brought against any Lebanese or foreign person who has no actual or elected domicile or residence in Lebanon in the following cases:

1. 1)Where the action concerns property located in Lebanon at the time of service of the claim, or a contract concluded in Lebanon or stipulating that one of the principal obligations arising therefrom shall be performed in Lebanon.
2. 2)Where the subject-matter of the claim is a provisional or precautionary measure to be taken in Lebanon.
3. 3)Where the subject-matter of the action is the delivery of a minor to the person entitled to custody, where the minor is present in Lebanon or the person entitled to custody resides therein.
4. 4)Where the action concerns the parentage of a minor, or the guardianship, curatorship or administration of the property of a person subject to interdiction or judicial assistance, and the minor or such person is in Lebanon.
5. 5)Where the subject-matter of the action is the opposition to a marriage to be contracted in Lebanon.

Lebanese civil courts shall have jurisdiction to hear disputes arising from a marriage contracted in a foreign country between Lebanese nationals, or between a Lebanese national and a foreign national, in the civil form prescribed by the law of that country; the provisions of the laws relating to the jurisdiction of the Sharia (1) and Druze courts shall be observed where both spouses belong to Islamic communities and at least one of them is Lebanese.

The lack of jurisdiction of Lebanese courts shall be governed by the rules of lack of domestic territorial jurisdiction, and shall be relative unless it concerns a case of mandatory jurisdiction.

Where opposition is dismissed on the merits, the default judgment shall become final and enforceable.

Where the opposing party again defaults at the hearing set after the opposition, opposition shall no longer be available and the default judgment shall be definitively enforceable.

An appeal is the means by which a party seeks to have a judgment rendered at first instance reviewed by the court of appeal.

The right of appeal shall vest in each party to the proceedings. Counsel may lodge an appeal only with a special power of attorney.

All judgments rendered at first instance shall in principle be subject to appeal, except where the law provides otherwise.

Appeal must be lodged within one month from the date of service of the judgment on the party concerned, unless the law provides a different time limit.

The time limit for appeal shall be extended by one month for parties domiciled outside Lebanon. It shall be suspended during judicial vacations in accordance with the applicable rules.

Appeal shall have the effect of transferring the entire case to the court of appeal for fresh determination, to the extent of the grounds of appeal raised.

Lodging an appeal shall in principle suspend the execution of the contested judgment, unless it was declared provisionally enforceable.

All assets of the debtor, whether movable or immovable, may be subject to enforcement seizure, save for assets that are legally exempt from seizure.

The following assets shall be exempt from seizure:

1. 1)Assets necessary for the basic needs of the debtor and their family.
2. 2)Professional tools and instruments necessary for the debtor's livelihood.
3. 3)Assets declared exempt by law.

Enforcement seizure of movables shall be carried out by a bailiff of the execution department, who shall draw up an official record of the seizure. The seized assets shall be described and valued and placed under the custody of the debtor or of a sequestrator appointed for that purpose.

The bailiff shall serve on the debtor a notice of seizure specifying the assets seized and the date of the proposed sale.

Where the assets of the debtor are in the possession of a third party, the seizure shall be effected by service of a notice of seizure on the third party.

After seizure, the debtor shall not dispose of the seized assets. Any act of disposal in violation of the seizure shall be void as against the seizing creditor.

The seized movables shall be appraised by the bailiff or by an expert appointed by the execution department.

The seized movables shall be sold at public auction upon expiry of the notice period. The sale shall be conducted by the bailiff or by an auctioneer appointed by the execution department.

The proceeds of the sale shall be applied first to the costs of the enforcement proceedings, then to the satisfaction of the seizing creditor's claim, and any surplus shall be paid to the debtor.

Other creditors of the debtor may join in the seizure and share in the proceeds of the sale in accordance with the rules on distribution of proceeds.

Where multiple creditors are competing for the same assets, priority shall be determined by the law applicable to secured claims and general liens.

A third party who claims ownership of the seized property may bring an action for recovery before the competent court, which shall determine title to the property.

Where a recovery action is brought, the execution department may suspend the sale of the disputed property until the recovery action is finally determined, unless the execution department orders that the sale proceed subject to provision of security.

A final judgment is one against which no ordinary means of recourse remains available, either because the time limits for such recourse have expired without use, or because all available recourse has been exhausted.

Enforcement seizure of immovables shall be carried out by the execution department in accordance with the procedure prescribed by this Code.

Enforcement seizure of immovables shall be subject to the following conditions:

1. 1)The creditor must hold an enforceable copy of a judgment or instrument.
2. 2)The judgment or instrument must have been served on the debtor.
3. 3)The debtor must have been given a formal demand for payment that has remained unsatisfied.

Before proceeding to seizure of an immovable, the creditor shall serve on the debtor a formal demand for payment, giving the debtor a period of fifteen days in which to pay.

The seizure of an immovable shall take effect from the date of its registration with the land registry. No act of disposal of the immovable after registration shall be effective against the seizing creditor.

The conditions of sale booklet shall set out all the terms and conditions of the forced sale of the seized immovable, including a description of the property, the reserve price, and the conditions of payment.

The conditions of sale booklet shall be filed with the execution department and communicated to all interested parties, who may submit objections within the prescribed time limit.

Subject to appeal before the court of appeal within fifteen days of service or communication.

The head also exercises urgent matters powers in all matters connected with enforcement.

The head may order a temporary stay for no more than one month.

The agent shall serve a formal demand for payment on the debtor before commencing enforcement.

Where the obligation is non-monetary, the agent shall serve a demand for performance.

Takes effect from registration with the land registry; the registrar notifies the debtor and mortgage creditors.

From registration, the debtor loses the right to dispose of or encumber the immovable; subsequent acts are void against the creditor.

All registered mortgage creditors shall be notified and required to declare their claims.

An expert shall be appointed; parties may contest the appraisal within fifteen days.

Sets out terms of the forced sale including the reserve price, payment conditions and description of the property.

Deposited with the execution department; communicated to the debtor and mortgage creditors, who may object within fifteen days.

By the head of the execution department; decisions may be appealed before the court of appeal.

Possessory actions are of two types:

1. 1)The action to prevent interference, which seeks to prevent encroachment upon possession.
2. 2)The action to recover possession, which seeks to enable the possessor to recover possession that was forcibly taken from them.

The action to prevent interference shall be subject to the following conditions: 1- The plaintiff must be in possession, personally or through a representative, of a principal real right in an immovable by means of quiet (1), open (2) and unambiguous (3) possession, continued for at least one year prior to the interference. Possession shall not be deemed to have lapsed if actual exercise of control over the right was temporarily prevented by an event of force majeure. 2- The plaintiff must have been subjected to an act of interference with their possession in a manner likely to curtail the exercise of that possession, whether such act is complete or partial, involving works causing interference with possession, whether such works occurred on property in the possession of the plaintiff or on property belonging to another and likely to cause damage to the former.

The action to recover possession shall be subject to the following conditions:

1. 1)The plaintiff must be in physical possession of a principal real right in an immovable, meeting the conditions prescribed in the first paragraph of the preceding Article, except for the requirement of continuity for at least one year prior to the dispossession.
2. 2)The plaintiff's possession must have been forcibly taken from them.

Possessory actions of either type shall also be admissible at the suit of a precarious possessor, such as a depositary (4), pledgee, lessee, agricultural tenant or holder of a concession over public domain property — except where the action is directed against the person from whom the precarious possessor derives their rights.

A possessory action shall not be admissible except within one year from the date the interference or dispossession occurred, unless it remained concealed or was tainted by ambiguity or uncertainty, in which case the one-year period begins from the date the possessor discovered or became certain of the interference.

A possessory action and a petitory action may not be combined. A party who brings a petitory action shall be deemed to have abandoned the possessory action, unless their possession was attacked during the hearing of the petitory action, or unless the petitory action was brought incidentally together with the possessory action, in which case it shall be considered at the time judgment on the possessory action is dismissed.

The defendant in a possessory action may not bring a petitory action until the encroachment attributable to them has been removed.

A judge hearing a possessory action may not examine the underlying right nor base the judgment on reasons or documents relating to that right, except where relied upon to assess the nature of the possession and the fulfilment of its legal conditions. Judgments in possessory actions shall be provisionally enforceable.

Subject-matter jurisdiction shall be determined by laws and regulations in relation to the various judicial authorities, such as the civil judiciary, the administrative judiciary (2), and the denominational or religious judiciary.

Subject-matter jurisdiction shall operate as rational jurisdiction unless a contrary provision applies.

The court of appeal shall examine the case both as to law and as to fact, within the scope of the grounds of appeal raised by the parties.

New claims shall not be admissible on appeal, except where they are connected to the original claim or permitted by the court in the interest of justice.

New evidence may be adduced on appeal where it was not available at first instance or where it is necessary for the just determination of the case.

A respondent on appeal may, in response to the main appeal, lodge an incidental appeal against the same judgment even after the time limit for appeal has expired.

The court of appeal shall render judgment on the merits and may affirm, modify or reverse the judgment of the court of first instance, or refer the case back to that court in exceptional circumstances.

The court of appeal may refer the case back to the court of first instance where it considers that the first instance judgment is vitiated by a procedural defect that it cannot correct itself.

Where only the losing party has appealed, the court of appeal may not render a judgment more unfavourable to that party than the judgment under appeal.

The general procedural rules of this Code shall apply to appeal proceedings, subject to the modifications required by the nature of appeal.

Cassation is the extraordinary means by which a party seeks to have a judgment rendered by the court of appeal reviewed by the Court of Cassation.

Cassation may be sought only on the following grounds:

1. 1)Lack of jurisdiction.
2. 2)Excess of power.
3. 3)Violation of the law or an error in its application.
4. 4)Failure to state reasons or contradiction of reasons.
5. 5)Violation of an essential formality.
6. 6)Material error affecting the outcome of the judgment.
7. 7)Any other ground provided by law.

Applications for cassation shall be admissible only on the following grounds:

1. 1)Lack of jurisdiction.
2. 2)Excess of power.
3. 3)Violation of the law.
4. 4)Error in the application of the law.
5. 5)Failure to state reasons or contradiction of reasons.
6. 6)Violation of an essential formality.
7. 7)Any other ground provided by law.

An application for cassation must be filed within one month from the date of service of the judgment on the applicant, unless the law provides otherwise.

An application for cassation shall be filed by means of a petition signed by a licensed attorney, setting out the grounds of cassation relied upon and the relief sought.

By publication in the Official Gazette and a local daily newspaper at least thirty days in advance.

Held at the execution department on the announced date; any person may submit a bid.

No bid below the reserve price shall be accepted.

The immovable shall be adjudicated to the highest bidder at the close of the auction.

Where no valid bid is submitted, a second auction shall be fixed at a reduced reserve price.

The purchase price shall be paid within the period fixed in the conditions of sale.

Upon full payment, the execution department shall issue a deed of adjudication constituting full title.

The deed purges the immovable of all encumbrances created after registration of the seizure.

Distributed among creditors in order of priority after deduction of enforcement costs.

Prepared by the execution department; communicated to all creditors who may object within fifteen days.

Claims shall be divided into two categories:

1. 1)Principal claims, by which proceedings are initiated.
2. 2)Incidental claims, submitted during the course of proceedings.

An incidental claim submitted by the plaintiff is called an additional claim. An incidental claim submitted by the defendant against the plaintiff is called a counterclaim. A claim submitted by a third party against both parties is called an intervention. A claim directed by one of the parties against a third party outside the dispute is called a joinder. Any claim submitted during proceedings that does not enlarge or narrow the subject-matter of the principal claim shall be treated as an interlocutory matter.

For an incidental claim to be admissible, the following conditions must be met:

1. 1)It must be connected to the principal claim, meaning that the resolution of one would affect the resolution of the other — except that this requirement does not apply to a claim for costs.
2. 2)Examination of the claim must not fall outside the subject-matter or rational jurisdiction of the court hearing the principal claim, and must not fall within the competence of an arbitral tribunal.

The plaintiff may submit the additional claims that meet the conditions of Article 30, and in particular:

1. 1)Claims arising from the same contract or fact giving rise to the principal claim.
2. 2)Claims for compensation for damage caused by the defendant's pleadings or conduct in the proceedings.

The defendant may submit incidental claims meeting the conditions of Article 30, and in particular:

1. 1)A claim for costs.
2. 2)A claim for compensation for damage suffered from the principal action or from any of the procedural steps.
3. 3)Any claim seeking to obtain a benefit other than merely the dismissal of the opponent's claims.

In response to incidental claims submitted by the defendant, the plaintiff may submit incidental claims, provided they arise from the same ground upon which the defendant's claims are based.

The principal and incidental claims shall be adjudicated together, unless the court finds it appropriate, in the interest of proper administration of justice, to rule on one before the other. However, where a set-off is sought between two connected and certain debts in their principal, one of which is unliquidated or not yet due, the judge shall in a single judgment affirm the principle of set-off and order the measures necessary for the liquidation of the accounts.

Either party may submit applications (1) seeking the adoption of interim or provisional measures (2).

A third party may intervene in or be joined to the proceedings, thereby becoming a party thereto.

An intervention is principal where a third party intervenes of their own accord in the proceedings in order to establish or protect their rights vis-à-vis the parties or one of them, seeking judgment in their favour on a claim connected to the claims of one of the parties. It is ancillary where it seeks to support the claims of one of the parties if the success of those claims would be in the intervener's interest.

A third party may be joined to the proceedings at the request of one of the parties in order to share in hearing the judgment. The third party may also be joined for the purpose of judgment being given against them on claims connected to the claims of one of the parties, or for the purpose of warranty.

An application for intervention or joinder shall be submitted by way of a pleading (3) served on the persons concerned, including the party sought to be joined.

For intervention or joinder to be admissible, the intervening party or the party requesting joinder must have a personal and legitimate interest.

Intervention or joinder is permissible at all stages of the proceedings up to their close. It is permissible before the court of first instance and before the court of appeal (4). Only ancillary voluntary intervention shall be admissible before the Court of Cassation, subject to the provisions of Articles 624, 625, 726 and 727.

The parties and the third party sought to be joined shall contest the admissibility of the intervention or joinder in terms of form before raising arguments on the merits; in that case, the court may rule on the application by a separate decision or together with the judgment on the merits. If no dispute arises as to the admissibility of the intervention, or if the court decides to admit it, the intervening or joined party shall have the right to request any investigation it deems useful, even if not requested by the parties.

Where the intervention or joinder is not based on a substantial interest and is clearly intended only to delay the resolution of the action, the parties may, in addition to contesting its admissibility, request, pursuant to Article 10, an award of damages, and the court may also impose a fine pursuant to Article 11.

The claim contained in the intervention or joinder may be met with a counterclaim.

The court may of its own motion order the joinder of a third party to the proceedings where it considers that such a measure would facilitate the adjudication of the principal action and the disclosure of facts, and that it would be beneficial for protecting the rights of the parties or one of them, or the rights of the third party to be joined. The court registry shall serve the third party with the joinder order. The court may require any of the parties to serve the third party with their documents, and may grant the latter a period in which to respond.

Joinder of a third party for warranty (1) before the court hearing the principal action shall be inadmissible in the following cases:

1. 1)Where the warranty action falls outside the subject-matter or rational jurisdiction of that court.
2. 2)Where an agreement exists between the warrantor and the warrantee providing that disputes concerning the warranty shall be within the exclusive jurisdiction of another court or an arbitral tribunal.
3. 3)Where an action specifically concerning the same warranty is already pending before another court.

The party joined for warranty becomes a defendant vis-à-vis the party requesting joinder. If the court rules in favour of the warranted party against the warrantee, the warranted party may seek recourse against the warrantor in the same proceedings.

Joinder for warranty shall not be admissible before the court of appeal or the Court of Cassation if the warranty action is of a different nature than the principal action, or if the grounds of the warranty action were known to the party requesting joinder prior to the judgment rendered at first instance.

Grounds of defence are all means by which a party seeks, without challenging the formal admissibility of the action, to have the claim ruled unfounded as a matter of fact or law.

The judiciary shall be exercised by: First — Courts of first instance. Second — Courts of appeal. Third — The Court of Cassation.

Special courts shall exceptionally hear certain disputes in accordance with the laws and regulations applicable to them, and the provisions of this Code that are not inconsistent therewith.

The following persons may not be compelled to testify:

1. 1)Persons bound by professional secrecy with respect to facts protected by that secrecy.
2. 2)Close relatives and family members of the parties as provided by law.

An application for cassation must be lodged within one month from the date of service of the judgment on the party concerned.

Lodging an application for cassation shall not suspend execution of the contested judgment, unless the Court of Cassation orders otherwise upon application.

The Advocate-General at the Court of Cassation may, without affecting the rights of the parties, apply for cassation of any final judgment that violates the law, in the interest of legal uniformity. A judgment rendered on such an application shall have no effect on the parties.

Where the Court of Cassation quashes a judgment, it shall refer the case to another court of appeal or, exceptionally, remit it to the same court with different composition, for fresh determination.

Third-party opposition is an extraordinary means of recourse available to any person who, not being a party to the proceedings, is adversely affected by a judgment rendered between other parties.

Third-party opposition shall be admissible where:

1. 1)The applicant was not a party to the proceedings.
2. 2)The judgment adversely affects the applicant's rights.
3. 3)The application is filed within the time limit provided by law.

Third-party opposition shall be filed within thirty years from the date the contested judgment became final, subject to shorter time limits where the third party had knowledge of the judgment.

The court hearing the third-party opposition shall examine the case only to the extent necessary to protect the rights of the opposing third party, without affecting the rights of the original parties inter se.

An application for review is an extraordinary means of recourse available to a party whose case has been finally determined, on the grounds specifically provided by law.

An application for review may be brought on the following grounds:

1. 1)Discovery of fraud by the opposing party.
2. 2)Discovery of decisive documents that were withheld by the opposing party or by force majeure.
3. 3)Error by a witness or expert, subsequently established.
4. 4)Violation of a mandatory provision by the judgment.
5. 5)Any other ground provided by law.

An application for review must be filed within two months from discovery of the ground relied upon, and in any case within ten years from the date the judgment became final.

An application for review shall be filed before the same court that rendered the contested judgment. The procedure shall follow the ordinary rules of procedure.

Where the review application is admitted, the court shall re-examine the case on the merits and render a fresh judgment, which shall supersede the contested judgment.

The Public Prosecution shall intervene in civil proceedings in the cases prescribed by law. Where intervention is mandatory, failure to notify the Public Prosecution shall render the judgment null and void.

The Public Prosecution shall intervene mandatorily in the following cases:

1. 1)Cases involving personal status.
2. 2)Cases involving a minor or an incapacitated person.
3. 3)Cases where the interests of the State are at stake.
4. 4)Any other case provided by law.

The Public Prosecution may intervene in any civil case where it considers that public policy or the public interest is involved.

Where the Public Prosecution is a party to the civil proceedings, it shall have all the rights of a litigating party and shall bear the same obligations.

The Public Prosecution shall file written submissions setting out its position and the grounds thereof. The parties may respond to those submissions within the time limit set by the court.

Objections to the conditions of sale shall be adjudicated by the head of the execution department. The decision may be appealed to the court.

The forced sale of a seized immovable shall be notified by publication in the Official Gazette and in a local daily newspaper, at least thirty days before the sale date.

The forced sale of a seized immovable shall be conducted by public auction before the execution department or before the court, in accordance with the procedure prescribed by this Code.

The reserve price of the seized immovable shall be fixed by the head of the execution department on the basis of the expert appraisal.

By the head of the execution department; decisions may be appealed before the court of appeal.

Made in accordance with the final distribution statement.

Any surplus after satisfaction of all creditors and payment of enforcement costs shall be paid to the debtor.

Any party or interested third party may raise objections before the head of the execution department at any stage.

The head may suspend the auction where a substantial objection is pending.

Proceeds shall be deposited with the execution department and distributed per this Code.

Order: enforcement costs; special privilege creditors; mortgage creditors by registration order; general lien creditors; ordinary creditors pro rata.

Prepared within thirty days of realisation; communicated to all creditors.

Within fifteen days; adjudicated by the execution department.

Procedural pleas are all means by which a party, without addressing the merits, seeks to have a procedural irregularity declared, proceedings suspended, or the action transferred to another court.

Pleas of inadmissibility are all means by which a party seeks to have the opposing party's claim, plea or defence declared inadmissible, without addressing the merits, on grounds such as lack of standing, lack of interest, res judicata, limitation, or any other ground of inadmissibility provided by law.

The court of first instance shall consist of chambers composed of a president and two members, and divisions presided over by single judges. In the following provisions, a chamber of the court of first instance shall be referred to as the 'primary chamber'.

The single judge shall hear the following civil and commercial cases:

1. 1)Personal actions and actions concerning movable or immovable property the value of which does not exceed one hundred million Lebanese pounds. (3)
2. 2)Actions concerning civil status records (4), except those relating to nationality. (5)
3. 3)Applications for grant of letters of administration (6), unless contested by a dispute over the identification of heirs or the determination of inheritance shares. (7)
4. 4)Actions concerning leases of movable and immovable property and free management, regardless of the amount at issue, and actions concerning occupancy, together with all related claims and pleas.
5. 5)Possessory actions. (8)
6. 6)Actions to prevent interference with irrigation rights.
7. 7)Actions concerning easement rights. (1)