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Main Page / Legislations / Law no (22) of 2004 Regarding Promulgating the Civil Code / Chapter Two: Persons / Subchapter One: Natural Person
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Law no (22) of 2004 Regarding Promulgating the Civil Code

Law Summary Record Type: LawNumber: 22Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 1188Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 08/08/2004 Corresponding to 22/06/1425 HijriPage from: 364
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Subchapter One: Natural Person

  • 39 Article

    1. The personality of a human being shall commence upon being born alive and shall cease upon death.
    2. Missing, absent and foundling persons shall be subject to the provisions prescribed in special laws. In the absence of such special laws, the provisions of the Islamic Shariàh shall apply.

  • 40 Article

     
     
    A fetus in utero shall be capable of rights, provided that it is subsequently born alive.

  • 41 Article

     
     
    The domicile of a person is his place of habitual residence. Such person may have more than one domicile simultaneously.

  • 42 Article

     
     
    The place where a person exercises a trade or profession shall be considered his domicile in connection with such trade or profession.

  • 43 Article

     
    1. The domicile of an incapacitated, missing or absent person or of a minor shall be the domicile of his legal representative.
    2. However, the minor or incapacitated person shall nevertheless retain his special domicile in respect of any acts that he is legally qualified to perform.

  • 44 Article

     
    1. A chosen domicile may be elected for a specific legal act.
    2. The chosen domicile shall apply unless expressly limited to certain acts.
    3. The chosen domicile must be proved in writing.

  • 45 Article

     
    1. The family of a person shall consist of the person's spouse and relatives.
    2. Persons having a common ancestor are deemed to be relatives.

  • 46 Article

     
    1. Lineal consanguinity is the relation in a direct line between persons who descend from the same ancestor.
    2. Collateral consanguinity is the relationship between persons who are related by a common ancestor but do not descend from each other.

  • 47 Article

     
    1. The degree of lineal consanguinity shall be determined on the basis that each descendant is related by a degree, without counting the ancestor.
    2. The degree of collateral consanguinity shall be determined by the number of descendants up from one descendant to the common ancestor and then down from such common ancestor to the other descendant, without counting that ancestor.

  • 48 Article

     
     
    The degree of affinity shall be determined by the degree of relationship to the spouse.

  • 49 Article

     
    1. Any person who attains the age of majority and is in possession of his mental faculties shall have full legal capacity to perform legal acts, unless guardianship or custody of his property is decided to be continued or unless such person is incapacitated.
    2. The age of majority shall be 18 years.

  • 50 Article

     
    1. No person who lacks discretion by reason of youth or imbecility or insanity shall be competent to exercise his civil rights.
    2. A person under the age of seven years shall be deemed not to have reached the age of discretion.

  • 51 Article

     
    Any person who has reached the age of discretion, but has not reached the age of majority, and any person who has reached the age of majority but is prodigal or negligent, shall be deemed to lack capacity under the law.

  • 52 Article

     
     
    Persons of no or defective capacity shall be governed by the provisions of natural or legal guardianship or curatorship over property as provided for by special laws.

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