FRONTIERS RIGHTS
SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
to unknown parents or a child of a deceased father and a
non-working mother.
Article 11 and 12 of the Law on Registration of Civil
Status Documents, 7/12/1951, Official Gazette issue 50
on 12/12/1951
22
Code of Civil Procedure, decree-law no. 90 of 16/9/1983,
official gazette issue 40 of 6/10/1983
23
24
25
Ibid, Article 86, Article 552, and Article 594
Ibid, Articles 36, 38, 40, and 45
Articles 23 and 29 of the Law on Registration of Civil
Status Documents which require the wife to have a record
that should be added to the marriage certificate and to be
transferred to the husband’s record (place of residence
according to the text), which is not possible in the case of
an unregistered wife.
26
January 14, 2013.
Committee of legislation and consultations, consultation
No. 1671/1995 dated 23/06/1995 published in the
encyclopedia of legislation and consultations for president
Choukri Sader, page 1352.
33
The Law on the Protection of Juveniles who violated the
laws or who are in danger, Law No. 422 dated 06/06/2002,
official gazette issue 34 on 13/06/2002
34
Dr. Sami Abdallah, the Lebanese nationality compared to
the Syrian Arab and the French nationality, second edition
2004, page 99.
35
36
Article 13 of Decree No. 8837/1932.
The Committee of legislation and consultation,
consultation number 836/2011 on 28.12.2011
(unpublished)
37
27
In accordance with jurisprudence consistency in relation
to ex post facto of registration judgments, for example.
38
Civil Court of Cassation, Fifth Chamber, Decision No. 17 of
8/2/1996, available on http://legallaw.ul.edu.lb/RulingFile.
aspx?RuliID=59096&type=list
39 The Court of Appeal in Beirut, sixth chamber, order 289,
dated 25/02/1974, judicial issue 1974
Civil Court of Cassation, Fifth Chamber, Decision No.
82 of 17/6/1997, available on http://legallaw.ul.edu.lb/
RulingFile.aspx?RuliID=56395&type=list
Civil Court of Cassation, Fifth Chamber, Decision No.5
of 24/11/1983, available on http://legallaw.ul.edu.lb/
RulingFile.aspx?RuliID=68187&type=list
Article 15 of the Law of 9/12/1951 related to
Registration of Civil Status Documents
28
Court of First Instance in Mount Lebanon, Decision
no.176 dated 14/7/2005. Published in Justice Journal,
issue no.2, 2006; Single Judge in Beirut, Decision no.1
dated 1/6/1954, Published in the Lebanese Judicial
Bulletin. 1954
29
The administrative registration of a child born out of
wedlock under his mother’s record dated 19/9/2016,
and with the help of Frontiers Ruwad Association, took
more than a year and went through several investigations
until it finally reached the Director General of Civil Status
who gave his approval on 16/10/2017 for the child’s
registration. The child obtained an individual civil status
extract for the first time on 20/11/2017 upon the approval
thereof.
30
Civil Court of Cassation, Third Chamber, Decision 52 of
29/11/1966, available on http://www.legallaw.ul.edu.lb/
PDF/Jurisprudence/DocumentsBefore2000/Tamiez/2405.
pdf
31
Acting General Directorate of Civil Status statement
during the Working Group meetings on statelessness on
32
The Court of Appeal in Mount Lebanon, first chamber,
order 254, dated 31/07/1974, judicial issue 1974
The civil court of cassation, third chamber, order 23
dated 21/06/1983, available on http://legallaw.ul.edu.lb/
RulingFile.aspx?RuliID=62102&type=list
40
Civil court of appeal, third chamber, order number 22
dated 21/06/1983, available on http://legallaw.ul.edu.lb/
RulingFile.aspx?RuliID=62103&type=list
41
The Committee of Legislation and Consultations,
Consultation No. 836/2011 dated 28/12/2011
(unpublished)
42
The peace treaty signed with Turkey in Lausanne on
24/07/1923 (the Treaty of Lausanne), article 30, available
on the World War I archive site https://wwi.lib.byu.edu/
index.php/Treaty_of_Lausanne
43
44
The treaty of Lausanne, articles 31 and 32
45
Ottoman Nationality Law, dated 19/1/1869
High commissioner Decision 2825 related to Turkish
people residing in the State of Greater Lebanon and
Syria, dated 30/08/1924, Official Gazette issue 1804,
30/09/1924
46
Law No. 68 of 04/12/1967 on “Considering the State
Represented by the Public Prosecution’s Office in all
Nationality Lawsuits”, Official Gazette issue 99 dated
11/12/967.
47
Law No. 28 of 10/02/2017, official gazette issue 8,
16/02/2017
48
Article 13 of Decree No. 88371/932
49
108, 20/07/2000 available on http://legallaw.ul.edu.lb/
RulingFile.aspx?RuliID=56737&type=list
For example, civil Court Of Cassation, Third Chamber,
Decision No. 22 of 21/6/1983, available on http://legallaw.
ul.edu.lb/RulingFile.aspx?RuliID=62103&type=list
50
The Court of Appeal In Beirut, Decision No. 984,
09/07/2009 (unpublished)
51
United States Institute of Peace, Necessary Condition:
Access to Justice, available at https://www.usip.org/
guiding-principles-stabilization-and-reconstruction-theweb-version/rule-law/access-justice
52
53
As per Article 601, Code of Civil Procedures
54
Article 21 of decree 8837/1932.
Decision No. 68 of 04/12/1967. Official Gazette issue No.
99 dated 11/12/1967.
55
See, for example, the Civil Court of Cassation, Fifth
Chamber, Decision No. 78/2003 dated 30/4/2003,
available at: http://legallaw.ul.edu.lb/RulingFile.
aspx?RuliID=87796&type=list
56
See, for example, the Civil Court of Cassation,
Third Chamber, Decision No. 2 dated 10/04/1986
available at: http://legallaw.ul.edu.lb/RulingFile.
aspx?RuliID=61870&type=list and the Beirut Civil Court of
Appeal, Third Chamber, Decision No. 1449, Original Case
No. 424, available at: http://legallaw.ul.edu.lb/RulingFile.
aspx?RuliID=74191&type=list
57
Article 17 of Law on Mukhtars and Mukhtar Councils,
dated 27/11/1947, Official Gazette Issue No. 49 of
30/12/1947.
63
Decree Specifying the Fees the Mukhtar May Charge for
Certificates, Decree No. 12921 of 30/08/1948 amended
by Decree No. 2262/1992, Official Gazette No. 11 of
12/3/1992.
64
Table (A), Annex – Public Notaries Fees, Amendment
of Public Notaries Bylaw, http://77.42.251.205/
ClarificationsNoteDetails.aspx?id=16817&language=ar
65
Lawyers Code of Ethics, https://www.nl-bar.org/
Article?NID=1107
66
This is the opinion provided by judges in meetings with
Frontiers Ruwad in 2017.
67
Human Rights Committee, 21st session (1984), General
Comment No. 13, Article 14: Administration of Justice.
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20
Documents/1_Global/INT_CCPR_GEC_4721_A.doc
68
69
Article 4 of the Lebanese Code of Civil Procedures.
Decree No. 151 of 16/9/1983, Official Gazette Issue No.
45 of 10/11/1983
70
Decree No. 2879 of 29/12/2009, amendment of Decree
No. 2140 of 3/6/2009 (amending the judicial recess),
Official Gazette issue No. 1 of 7/1/2010.
71
Lebanese Code of Civil Procedure, Decree-Law No.
90 dated 16/09/1983, Official Gazette issue No. 40 of
06/10/1983.
58
59
Including Somalia and Ethiopia.
It is noteworthy that registering the birth of Lebanese
children from an unregistered father (Maktoum alQayd)
should, in principle, occur administratively if marriage was
marked on the record/register of the Lebanese mother,
as was the case for years at the Civil Status department.
However, such cases are now being referred to the
judiciary considering that the Lebanese nationality follows
the father’s bloodline and the father is unregistered
(according to an expert who was previously an employee
at the Civil Status department).
60
Law on Mukhtars and Mukhtar Councils, dated
27/11/1947, Official Gazette, issue of 03/12/1947, Articles
25 and 25 (1).
61
Code of Ethics of the Law Profession:
http://bba.org.lb/content/uploads/
Syndicate/141208091442754~ethique%20
professionel-%20arabe.pdf
62
Civil Court of Cassation, Fifth Chamber, Decision No.
100
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