The Legal System of Lebanon: From French Influence to Globalisation and European Community Law

Abstract: In this thesis, the Lebanese legal system is presented using a comparative approach, with emphasis on its French influence and rapprochement to European Community law. The republic of Lebanon was formally established in 1943, following a French mandate period sanctioned by the League of Nations in 1920. During this period most of the legal institutions and material rules and codes that characterize the Lebanese legal system today were established. To a great extent, French legal principles and rulings can still be used when arguing before Lebanese courts. Apart from French influence, the legal system also contains remains from Ottoman (ancient Turkish) law and Canon law, as well as the Islamic legal order of Shari'a to some extent. Lebanese civil and commercial law is mainly built up around a number of codes following the tradition of the Roman-German civil law family. The most central of these, the Code of Obligations and Contracts of 1932, can be characterised as an adopted reception of the Napoleon civil code of 1804. Only the family (or personal status) law is still generally governed and settled by the internal rules of Lebanon's many different religious sects. The judicial system is basically modelled on the French system, with the exception of the personal status jurisdiction. Some legal institutions are unique for Lebanon, such as the Judicial Council that handles criminal cases concerning national security. The legal professions are also basically the same as in France, but the particular social and legal environment in which the Lebanese lawyers function, shape the specific framework and content of their respective professions. The EU and Lebanon are in the process of signing an association agreement, and the subsequent Euro-Mediterranean Partnership will eventually establish a free trade area comprising North African and Middle Eastern countries. Because of this, Lebanon will most likely be pressured to adjust some of its rules and institutions dealing with trade and commercial issues as well as some procedural and constitutional regulations. From the Ottoman Empire and the French mandate, through the Arab-Israeli conflict, to the devastating civil war, Lebanon will probably now move towards the European peace project and be pressured to build up rules and institutions in conjunction with those of Community law.