Civil Procedure Code at Lebanon
Lebanon's Code of Civil Procedure (CCP) is primarily governed by Legislative Decree No. 90 of 1983, which has been amended over time to adapt to evolving legal needs. This code outlines the procedural framework for civil litigation in Lebanon, including rules on jurisdiction, pleadings, evidence, and enforcement of judgments. (Comparisons | Global Practice Guides | Chambers and Partners)
⚖️ Key Features of the Lebanese Civil Procedure Code
1. Jurisdiction
The CCP establishes the jurisdictional rules for civil courts in Lebanon. For instance, claims related to bankruptcy fall under the jurisdiction of the court that declared the bankruptcy. Similarly, claims related to life insurance are under the jurisdiction of the court where the insured party resides. These provisions ensure that cases are heard in the appropriate court based on the nature of the dispute and the parties involved. (Comparisons | Global Practice Guides | Chambers and Partners)
2. Pleadings and Case Initiation
Civil proceedings commence with the filing of a statement of claim. The CCP outlines the requirements for pleadings, including the necessity for clarity in stating the facts and legal grounds of the claim. This ensures that both parties are aware of the issues at hand and can prepare their cases accordingly.
3. Evidence and Examination
The CCP provides detailed provisions on the examination of evidence, including the presentation of documents, witness testimony, and expert opinions. It also allows for the court to examine evidence on its own initiative in certain circumstances. This approach aims to ensure that all relevant information is considered in the adjudication of the case. (Comparisons | Global Practice Guides | Chambers and Partners)
4. Judgments and Appeals
Decisions are rendered based on the merits of the case, and the CCP specifies the procedures for appeals, including time limits and grounds for appeal. It also addresses the binding effect of judgments and the enforcement of court orders. This framework provides parties with avenues to challenge decisions while ensuring the finality of judgments.
5. Enforcement of Foreign Judgments
The CCP outlines the process for recognizing and enforcing foreign judgments in Lebanon. A foreign judgment may be recognized if it meets certain criteria, such as reciprocity and compliance with Lebanese public policy. The process involves filing a request for exequatur, which is a procedure to have a foreign judgment recognized and enforceable in Lebanon. (Comparisons | Global Practice Guides | Chambers and Partners)
6. Alternative Dispute Resolution (ADR)
Lebanese law encourages the use of ADR methods, such as arbitration and mediation, to resolve disputes without resorting to trial. The CCP includes provisions on arbitration, distinguishing between domestic and international arbitration and setting out the procedures for each. This approach aims to provide parties with more flexible and efficient means of resolving their disputes. (Comparisons | Global Practice Guides | Chambers and Partners)
📘 Accessing the Code
The full text of the Lebanese Code of Civil Procedure, including its amendments, is available in Arabic. An official English translation may be limited; therefore, consulting a legal professional in Lebanon is advisable for non-Arabic speakers.
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