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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, Egypt
Lecture 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
Definition of Law :
                                                      Law is a body of
                  Characteristics                     rules which governs
                   of legal rule                      and regulates the
                                                      social conduct of
                                                      people and which is
Social
                   General and      Enforced by a     enforced by a
                    abstract          sanction        sanction



                  Criminal                 Civil          Administrative




         Felony          Misdemeanor      Compensation




     Violation                              Restitution
Religion            Law              Morality


Made by God   Made by authority      According to
                                      the whole
                                     community


 After life   Sanction during life   No sanction
 sanction
VIOLATION           Misdemeanor              Felony


Fine less than   Fine more than 500 LE    imprisonment
   500 LE         or Detention from 24     more than 3
                     hours to 3 years     years or death
                                             penalty

Immediate        Conciliation is allowed Conciliation is
conciliation      in front of the Public not allowed as a
                   prosecution or the     general rule
                          Court
Subdivision of
                                  law



             Public law                           Private law



                                                         Law of Civil and
Constitutional      Administrative
                                         Civil Law.        Commercial
    Law                Law.
                                                           Procedures

                                                              Private
                                     Commercial and
   Tax Law           Criminal Law                          International
                                      maritime law
                                                                Law

    Public
International                           Labor Law.
     Law
Public    Public    Public
 law      person    person

Public     Public   Private
 law      person    person

Public    Private   Public
 law      person    person

Private   Private   Private
 law      person    person
Sources of Egyptian law according to
             application
               Constitution



                                     • Law = ordinary legislations
               Legislations
                                     • Regulations = subordinate legislations


                  Custom




         Principles of Islamic Law




    Principles of natural law and equity
The authorities of the State
              separation of powers




Judicial    Legislative




      Executive
The enactment of law




                      Non veto
Proposal   Approval      of
                      president
President Vs
    ordinary Legislations
          President
          make law


                 Emergency
Authorization
                   case
Sources of Egyptian law
                                Sources of
                               Egyptian Law



              Formal                                 Informal



                                          Courts
  Constitution         legislation                              Doctrine
                                         decisions


                   Principles of
    Custom
                   Islamic law


  Principles of
 natural law and
     equity
General   Binding   Ancient   Conformity   Custom
LAW LIFE CYCLE

                Application




Constitutionality             Repeal




                                       15
Application of
        Law


imperative and
  facultative
     rules



Temporal limits



   Territorial
  application
                     16
The application of LAW
The non- retroactive effect of law

 No crime nor
sanction without
   provision                          Exception =
                                      the law
                         One month    most
                         to be        appropriate
                         applied to   to the
                         all people   accused
     Published one day
     after its
     promulgation
Judicial system



                                                                   Administrative
Civil courts                           Criminal courts
                                                                      courts


                                                                        Supreme
  Cassation court                         Cassation court             Administrative
                                                                         Court

                                                                      Administrative
 Court of Appeal                                Crime court            Jurisdiction
                                                                          Court

                                                    Misdemeanors
               First instance                                         Administrative
                                                      Courts of
                   court                                                 Court
                                                       Appeal


                          Divisional       Misdemeanors
  Primary court
                            court             Courts
Classification
      of persons


Natural        Juristic or
persons       moral persons


     Public juristic   Private juristic
       persons            persons
Classification
         of rights


Public right    Private right


Intellectual                    Pecuniary
                Family right
   right                          right


                                   Personal
                                     right


                                   Real right
                                                21
Classification of
                   things



Movable and   Consumable and
                                  Fungible and
Immovable     Non- consumable
                                  Non- fungible
  things           things




                                                  22
Classification
                            of things




            Movable                          Immovable




                      By
By nature                            By nature     By allocation
                  destination
Municipal legal system

            Main legal
             systems

Roman or    Common       Islamic
Civil law     law          law


                                   24
 email :
dr.yassin_shazly@yahoo.com

        Facebook :
    prof. yassin el-shazly


                             25

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Sumary eg 1 intro- sources of egyptian law

  • 2. lectured by Dr. Yassin EL SHAZLY PhD in Law, Lyon Law School, France Teacher, Business Law Department, Faculty of Law, Ain Shams University, Cairo, Egypt Lecture in MBA program, International Business Law, Former Legal Advisor, Egyptian Financial supervisory authority (EFSA) Legal Consultant, National Telecom Regulatory Authority (NTRA)
  • 3. 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
  • 4. Definition of Law : Law is a body of Characteristics rules which governs of legal rule and regulates the social conduct of people and which is Social General and Enforced by a enforced by a abstract sanction sanction Criminal Civil Administrative Felony Misdemeanor Compensation Violation Restitution
  • 5. Religion Law Morality Made by God Made by authority According to the whole community After life Sanction during life No sanction sanction
  • 6. VIOLATION Misdemeanor Felony Fine less than Fine more than 500 LE imprisonment 500 LE or Detention from 24 more than 3 hours to 3 years years or death penalty Immediate Conciliation is allowed Conciliation is conciliation in front of the Public not allowed as a prosecution or the general rule Court
  • 7. Subdivision of law Public law Private law Law of Civil and Constitutional Administrative Civil Law. Commercial Law Law. Procedures Private Commercial and Tax Law Criminal Law International maritime law Law Public International Labor Law. Law
  • 8. Public Public Public law person person Public Public Private law person person Public Private Public law person person Private Private Private law person person
  • 9. Sources of Egyptian law according to application Constitution • Law = ordinary legislations Legislations • Regulations = subordinate legislations Custom Principles of Islamic Law Principles of natural law and equity
  • 10. The authorities of the State separation of powers Judicial Legislative Executive
  • 11. The enactment of law Non veto Proposal Approval of president
  • 12. President Vs ordinary Legislations President make law Emergency Authorization case
  • 13. Sources of Egyptian law Sources of Egyptian Law Formal Informal Courts Constitution legislation Doctrine decisions Principles of Custom Islamic law Principles of natural law and equity
  • 14. General Binding Ancient Conformity Custom
  • 15. LAW LIFE CYCLE Application Constitutionality Repeal 15
  • 16. Application of Law imperative and facultative rules Temporal limits Territorial application 16
  • 17. The application of LAW The non- retroactive effect of law No crime nor sanction without provision Exception = the law One month most to be appropriate applied to to the all people accused Published one day after its promulgation
  • 18. Judicial system Administrative Civil courts Criminal courts courts Supreme Cassation court Cassation court Administrative Court Administrative Court of Appeal Crime court Jurisdiction Court Misdemeanors First instance Administrative Courts of court Court Appeal Divisional Misdemeanors Primary court court Courts
  • 19.
  • 20. Classification of persons Natural Juristic or persons moral persons Public juristic Private juristic persons persons
  • 21. Classification of rights Public right Private right Intellectual Pecuniary Family right right right Personal right Real right 21
  • 22. Classification of things Movable and Consumable and Fungible and Immovable Non- consumable Non- fungible things things 22
  • 23. Classification of things Movable Immovable By By nature By nature By allocation destination
  • 24. Municipal legal system Main legal systems Roman or Common Islamic Civil law law law 24
  • 25.  email : dr.yassin_shazly@yahoo.com Facebook : prof. yassin el-shazly 25