|
The Mixed Courts of Egypt ((アラビア語:المحاكم المختلطة), transliterated: ''Al-Maḥākim al-Mukhṭaliṭah'') ((フランス語:Tribunaux Mixtes d'Egypte)) were founded in October 1875 by the Khedive Isma'il Pasha. Designed by Nubar Nubarian Pasha (January 1825, İzmir, Ottoman Empire – January 14, 1899, Paris) to be part of the Khedive’s great plans for Egypt, the Mixed Courts led to a radical reform of Egypt’s chaotic nineteenth century legal system, where Consular courts competed with Government tribunals and religious courts for jurisdiction. The completion of the Suez Canal (1869) and the development of the cotton trade had attracted many foreign interests and foreign nationals to Egypt. The Mixed Courts had Codes, based on a civil law format inspired by the French Civil Code and British common law but with significant Islamic and local principles. Without suppressing the Consular courts which would have been diplomatically impossible the Mixed Courts were intended to streamline legal issues between foreign nationals, and between foreigners and Egyptians. Three courts were established in Cairo, Mansoura and in Alexandria, the proceedings were held in French. Judges were appointed by the Khedive from leading Egyptian and foreign candidates. "The judiciary was at all times under the authority of the rulers of Egypt."〔S.W Hoyle, Mark (1991) "Mixed Courts of Egypt", (Arab and Islamic Law Series)〕 There were three districts. The establishment of the courts, hearing disputes between Egyptians and foreigners and between foreigners of different nationalities, was so successful that new, so-called Native courts were set up in 1883, after the British Occupation of 1882. The 1883 Codes were based on those of 1875, and the judges, mostly Egyptian, tended to follow the Mixed Courts’ interpretation of the law. The Mixed Courts, by being the foremost judicial authority between 1875 and 1949 (when their functions were transferred to new National Courts) sat in times of political and social change in Egypt. Their decisions reflect the human and commercial history of the area, and involved complicated issues of law. The problems of sovereign immunity, sequestration of enemy property, international banking and maritime commerce were shadowed by the recognition and enforcement of divorces, legitimacy, and marriage contracts affecting people of different religions and nationalities. In between were a whole range of the usual types of legal disputes, such as trademarks and patents, and industrial injuries, without any developed theories at all that could be drawn upon for inspiration, either from inside or outside the country. ==Contribution== What, if anything, did the Mixed Courts contribute to the present Egyptian codes? "The laws that were administered by the courts were now divided into 5 codes: (1) the Civil Code, (2) the Commercial Code, (3) the Maritime Code, (4) the Code of Procedure as regards the foregoing Codes, (5) the Penal Code." The greatest change in 1949 was the Civil Code. The Maritime and the Commerce Codes were the old ones retained from 1883, and the Penal Code had been gradually updated. The Criminal Codes differed from the other codes because it was only administered by the Mixed Courts to a slight extent; "because foreign governments were not willing to abandon their Civil Jurisdiction of their Consuls, therefore they were unwilling to give up the Criminal Code. This resulted in a compromise and what led to the Mixed Courts having very limited Jurisdiction in Criminal Matters. It only extended to simple police cases (contraventions), and to (1) offenses committed directly against the judges and officers of the Courts while in the exercise of their functions, as force or violence or bribery; (2) offense committed directly against the execution of the judgements of the Courts; (3) crimes imputed to judges and officers of the Courts, when they have committed them in the exercise of their functions, or in abusing their functions. The greater number of cases were still heard by the Consular Courts." Well before the closure of the Mixed Courts Abd El-Razzak El-Sanhuri Pasha was appointed as chairman of the Committee set up to draft a new Civil Code. He was assisted by many Egyptian jurists, and also by E Lambert, the French jurist. The result of this work was the 1949 Egyptian civil code, of 1149 Articles. The background to this eclectic and monumental work has already been described by Sanhouri himself. The 1949 Code was based on a mixture of the previous Mixed and Native codes, together with Egyptian jurisprudence, the Shari’a and various foreign codes from nearly 20 countries. The code was specifically drafted with the Shari’a in mind so that non-Islamic provisions were not consistent with it.〔S.W Hoyle, Mark (1991) "Mixed Courts of Egypt", (Arab and Islamic Law Series)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Mixed Courts of Egypt」の詳細全文を読む スポンサード リンク
|