A marriage in Egypt can be considered international and also domestic Egyptian. This depends on a lot of reasons. The Egyptian marriage doesn’t create a situation of legal conflict, but the international contract always creates one.
This is because the act number 131 in 1948 determines an international marriage, which happens between parties that are not Egyptians, but it takes in account the legal system, which stipulates that the contract operates in more than a single system. This happens according to the subject, between the legal rules which will control the formation of a contract, the legal rules which will govern the contract raised, the Legal rules which will govern the termination of the contract, but there’s a special provision determined for the case when one of those two parties is an Egyptian citizen.
According to the article number 12, the way of formation and the validity of a marriage, in the eyes of the law, for each of the spouses, is the choice which will always make the contract become legal though a very lengthy procedure, that is the Egyptian lawyer field.
However, according to the article number 13, we find that, in the case of a marriage contract, implications are controlled by the legal system of the state which belongs to the husband at the time of the marriage.
And also, according to the same article, we find that the termination of the contract is controlled by the legal system of the home state of the husband at the time of termination, because the divorce by state law, which applies to the husband at the time of divorce, can be applied to divorce and separation by the law of the State to which he belongs during the lawsuit.
Seeing all these conflict situations, that the legislator made an exceptional rule in the field of marriage, a rule which works only when one of the contract parties has an Egyptian nationality “In the circumstance if one of the spouses at the time of marriage is Egyptian, Egyptian law applies alone, except for any possible eligibility requirement for marriage”.
The obligations among relatives, controlled by the law of the debtor, are also about the substantive issues, state, and guardianship, wardship and other matters that are designed to protect the Interdicted and absentees. It’s by the law of the person who must be protected.
Matters about inheritance, wills and other acts added after death are controlled by testament law, or are released by the testator to dispose of the property after his death. However, matters about the form of the commandment are controlled exclusively by the law of the testator. If that’s the case, it won’t be the responsibility of an incompetent person if he breaks the contract, or if it happens due to the rules of the country in which the testament is created, as well as the judgment in the form of other acts added to the testament after the deceased has passed away.
The act number 13 determined, in the year 1968, the border for the Egyptian court about its jurisdiction according to Egyptians and foreigners so we can find that the Egypt courts have jurisdiction over cases filed on the Egyptian soil, even though it was not his home or place of residence in the Republic, except in cases involving real estate and bare reality abroad, and these Courts have jurisdiction over cases filed by the foreigner who has a home or place of residence in the Republic, with the exception of real estate litigation involving real estate located abroad.
But if this condition doesn’t exist that is not mean the Egyptian courts don’t have jurisdiction over these kinds of cases. For this the legislator made some exceptions that pertain to Egyptians and foreigners alike, in article number 30، 31 as:
- The Courts have jurisdiction over cases filed on the foreigner who has a home or place of residence in the Republic and in the following circumstances: –
- If his domicile is in the Republic.
- If the case against a marriage contract and the contract to be executed is documented in Egypt.
- If the case involves a request to marry or application for separation and they are brought by the wife who has lost her nationality of the Republic of marriage when it was her home in the Egypt, or the lawsuit is filed by the wife of her home when the husband had abandoned her and has a domicile abroad after the establishment of the reason for the annulment or divorce or separation, or had been further from the Egypt.
- If the case is related to the request of the mother or when the wife had a home in the Egypt or of a small resident there.
- If the case is about the paternity of a child and lives in or takes away the jurisdiction of the Egypt on the same or reduce them, suspended or recovered.
- If the case is related to proving the paternity of a father, or the authority on the child.
- If the case is related to pecuniary issues if an incompetent person is booking a home or place of residence in the Egypt, or if they are absent from their last place of residence.
- If one of the defendants’ home or place of residence in the Egypt.
The Courts in Egypt control inheritance cases, as well as all the legal activities surrounding them, if the inheritance procedure has:
- started in Egypt;
- relates to pecuniary issues of money owned by an Egyptian;
- the money, or part of it, of the inheritance is in Egypt.