منتدى محامي سوريا

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مازن ابراهيم 16-12-2009 08:06 PM

confirming marriage
 
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Syrian Arab republic
ministry of justice


A decision issued by the shariah Court in Damascus


On behalf of the Arab people in Syria


Judge: Mr.


assistant: Mr.


The Plaintiff: ........represented by advocate MAZEN IBRAHIM.
The Defendant: ................
Action: confirming marriage
Results of open court:
As the presented parties have attendantto ratify that they both have confirmed their marriage under a legal contract was conclude out of court in Damascus on 25/11/2009 within an accelerated dowry of ten thousand Syrian pounds unpaid and delayed dowry of ten thousand Syrian pounds lasting in the husband's Patrimony, in addition both parties have agreed on a condition of separated Patrimony for each spouse during marriage and upon divorce, so isn't entitled to any of the two spouses to obtain any property of the other spouse at divorce,( God forbid).

Since the plaintiff has exposed all required documentation to confirm the marriage, including:
A civilian bond of the plaintiff and a copy of the defendant passport, certificate of her marital status notifying her as unmarried , a baptism certificate , medical report to the parties that they both healthy from diseases anti-marriage and an AIDS negative test for the defendant.

As both parties asking for Decisive suit on the current status when the plaintiff being un able to get the recruitment marriage license and the approval of the ministry of the internal affairs at the current time.

Which requires corroborate the marriage depending on their approval, and Pursuant to the jurisprudence of the (supreme court) where it says:

" having both spouse confirming the marriage hood signifya legal contract "

decision NO. 37/128 dated 18/2/1986 the seventh issue of the lawyers MAG./1986/

· and another jurisprudence:
" when the marriage is admissiblefor the court and despite shortage in documentation and delay registration till the completion the suit must not be rejected"

decision NO.409/553 dated 11/8/1982 fifth issue of the lawyers MAG /1983/


· And where the approval is a proof on the confessor and obliged to be taken by.
And where the suit has been settled clearly , notified and ready to be released
Thereof: according to the articles (1-5-11-40)of personal status law and the articles (99-100)of proofs law and the articles (202-204-206-208-209-535-536) of procedure law and the decree-law NO./105/1953.


I decide:


1. corroborate the current marriage between both parties which concludes in Damascus on 25/11/2009 within an accelerated dowry of ten thousand Syrian pounds unpaid and delayed dowry of ten thousand Syrian pounds lasting in the husband's Patrimony, in a condition of separated Patrimony for each spouse during marriage and upon divorce, so isn't entitled to any of the two spouses to obtain any property of the other spouse at divorce,( God forbid).
2. Postponing registration in the Syrian civil records till getting the approval of ministry of internal affaires and having the recruitment marriage license .

3. the plaintiff bounden all fees, expenses and seven hundred Syrian pounds law firm fees.


Decision against the presence parties capable of cassation appeal issued on the …………../1430/H accordance to ……….. and recite in public.



The judge


(signature & seal)


Resjudicats Decision


(Conclusively Decision)


- shariah Court in Damascus(signature & seal)
- ministry of justice (signature & seal)
- ministry of foreign affaires(signature & seal)
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الساعة الآن 01:24 AM.

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