sumary eg 1 intro- sources of egyptian law
TRANSCRIPT
Introduction to Egyptian Law
lectured by Dr. Yassin EL SHAZLY
PhD in Law, Lyon Law School, France
Teacher, Business Law Department, Faculty of Law, Ain Shams University, Cairo, EgyptLecture in MBA program, International Business Law, Former Legal Advisor, Egyptian Financial supervisory authority (EFSA)Legal Consultant, National Telecom Regulatory Authority (NTRA)
Session outline
1. Definition of law
2. Features of legal rules
3. Subdivision of law
4. How law is enacted
5. How law is applied
6. Structure of the judicial system
7. Classification of persons
8. Classification of things
9. The main comparative legal systems
Characteristics of legal rule
Social General and
abstract Enforced by a
sanction
Criminal
Felony Misdemeanor
Violation
Civil
Compensation
Restitution
Administrative
Definition of Law :
Law is a body of
rules which governs
and regulates the
social conduct of
people and which is
enforced by a
sanction
Religion Law Morality
Made by God Made by authority According to the whole
community
After life sanction
Sanction during life No sanction
VIOLATION Misdemeanor Felony
Fine less than 500 LE
Fine more than 500 LE or Detention from 24
hours to 3 years
imprisonment more than 3
years or death penalty
Immediate conciliation
Conciliation is allowed in front of the Public
prosecution or the Court
Conciliation is not allowed as a
general rule
Subdivision of law
Public law
Constitutional Law
Administrative Law.
Tax Law Criminal Law
Public International
Law
Private law
Civil Law.Law of Civil and
Commercial Procedures
Commercial and maritime law
Private International
Law
Labor Law.
Public law
Public person
Public person
Public law
Public person
Private person
Public law
Private person
Public person
Private law
Private person
Private person
Sources of Egyptian law according to application
Constitution
• Law = ordinary legislations
• Regulations = subordinate legislations Legislations
Custom
Principles of Islamic Law
Principles of natural law and equity
The authorities of the State separation of powers
Legislative
Executive
Judicial
The enactment of law
Proposal Approval Non veto
of president
President Vs ordinary Legislations
President make law
Authorization Emergency
case
Sources of Egyptian law Sources of
Egyptian Law
Formal
Constitution legislation
CustomPrinciples of Islamic law
Principles of natural law and
equity
Informal
Courts decisions
Doctrine
General Binding Ancient Conformity Custom
LAW LIFE CYCLE
Application
RepealConstitutionality
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Application of Law
imperative and facultative
rules
Temporal limits
Territorial application
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The application of LAWThe non- retroactive effect of law
Published one day after its promulgation
One month to be applied to all people
Exception = the law most appropriate to the accused
No crime nor
sanction without
provision
Judicial system
Civil courts
Cassation court
Court of Appeal
First instance court
Primary courtDivisional
court
Criminal courts
Cassation court
Crime court
Misdemeanors Courts of Appeal
Misdemeanors Courts
Administrative courts
Supreme Administrative
Court
Administrative Jurisdiction
Court
Administrative Court
Classification of persons
Natural persons
Juristic or moral persons
Public juristic persons
Private juristic persons
Classification of rights
Public right Private right
Intellectual right
Family right Pecuniary
right
Personal right
Real right
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Classification of things
Movable and Immovable
things
Consumable and Non- consumable
things
Fungible and Non- fungible
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Classification of things
Movable
By nature By
destination
Immovable
By nature By allocation
Municipal legal system
Main legal systems
Roman or Civil law
Common law
Islamic law
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