Civil law in Syria

The Civil Code, Legislative Decree 84/1949, regulates legal capacity, contracts, ownership, liability and other private rights. Legal capacity means the ability to hold rights and undertake legal acts. Full adulthood generally begins at 18; children under 7 are generally treated as lacking understanding for legal acts, while those aged 7 to under 18 have limited capacity. Guardianship and curatorship can affect representation, and a court approval is generally needed to sell or mortgage a minor's property. Contracts require consent, a lawful object and a lawful cause. The parties must perform in good faith, and a court may order performance, cancellation, repayment or damages. Written and notarised evidence is especially significant for real estate. Informal agreements remain common where documents or institutions are difficult to access, but registration with the Real Estate Registry is decisive for many property rights. The registry sheet and cadastral map generally carry strong evidentiary weight against third parties. Civil identity records are handled through the Civil Status Directorate and its centres under Civil Status Law 13/2021, amended by Decree 17/2022. Births, deaths, marriages, divorces and address changes are generally registered within three months in Syria and nine months abroad, although late registration remains possible. A national number and registry entry can be essential evidence. Records may need reconstruction or relocation after loss, destruction or confiscation, and documents issued in areas outside effective government control may have variable acceptance. Family and inheritance matters follow Personal Status Law 59/1953 and the rules of the relevant recognized religious community. Hanafi doctrine fills gaps in the general rules for many Syrians. Druze, Christian and Jewish communities can have different rules for marriage, divorce, maintenance, custody and inheritance. Marriage and divorce judgments are transmitted to the Civil Registry after they become final. Inheritance usually proceeds through the competent religious or community court, followed by an inheritance certificate, estate settlement and transfer in the relevant registry. Civil disputes are handled through the ordinary courts, including the Court of Peace, First Instance Court, Court of Appeal and Court of Cassation. Personal-status disputes may go to a Sharia or recognized religious court. Civil Procedure Law 1/2016 governs jurisdiction, service, evidence and appeals. Arabic documents, valid powers of attorney, expert evidence and reliable service can determine whether a case progresses. If a defendant's address is unknown, the court can use publication and court notice. Appeals generally have short deadlines, commonly 15 days, while challenges involving an urgent judge can have a five-day period; the applicable deadline must be checked for the specific decision. Property, housing, inheritance and civil-status documentation have unusually high practical relevance in Syria. A large share of households lack formal proof: a May 2025 NRC sample found that about one third of households reported Syrian property ownership, but only 38% had formal proof. Displacement, absent heirs, damaged archives, occupation, forged or incomplete deeds and inaccessible powers of attorney can prevent registration or recovery. Ministry of Justice Decision 2064/L of 20 October 2025 designated civil chambers at justice centres for conflict-related seizure, occupation and ownership-manipulation cases. It is a transitional measure, and the available procedure and court must be verified locally. The Ministry of Justice also supports formal arbitration under Arbitration Law 4/2008 and launched a judicial mediation platform in 2026. A mediator cannot impose a decision. Community, tribal and religious reconciliation and local committees can be faster or cheaper where court access is weak, but their neutrality and enforceability vary. A formal judgment or court ratification is more reliable when compulsory execution may later be needed. Enforcement normally requires an executive title, such as a judgment, decision, official contract, marriage deed or another legally empowered instrument. The Execution Department and enforcement officer can seek police assistance. A debtor notice is generally required, and an immovable property may be forcibly sold after an eight-day non-payment notice. A preliminary attachment usually requires filing the main claim within eight days when no executable title exists. A foreign judgment, award or official deed normally requires exequatur, meaning recognition and permission for execution by a First Instance Court, subject to reciprocity, treaty and public-order checks. An enforcement file can be struck after six months of inactivity and may need a renewal application. Judicial fees under Law 6/2023 are often nominal for ordinary filings, roughly 500 to 3,000 SYP for many applications and decisions, while some Sharia matters use approximately 0.5% to 1% of an awarded, estate or mahr amount. Enforcement commonly adds about 500 SYP plus roughly 1% of the amount collected. Lawyer, notary, expert, translation, service and registry costs are separate, and inflation makes current local verification necessary. UNHCR partner organisations may provide free legal aid to eligible displaced, returning and host-community groups, but they do not replace a court. Documented coercive displacement, detention, security pursuit, disappearance and similar barriers may suspend limitation periods under Ministry of Justice Circular 12/2026 when effective court access was objectively impossible. The suspension requires case-specific proof and does not create a blanket waiver. Outside such situations, a tort claim generally has a three-year period from knowledge of the harm and responsible person, with a maximum of 15 years; general civil limitation is generally 15 years and periodic claims may have a five-year period. Court availability, territorial control, service, records and backlog can make the total duration much longer or less predictable than statutory deadlines suggest.