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Nabatiyeh Urgent Affairs Judge Ahmed Mazhar issued a court decision obliging the Fransabank branch in Nabatiyeh to transfer an amount of $ 4,000 from the account of one of the depositors to his son, a student who is studying in Belarus. under pain of a penalty of £ 30 million for each day of delay.
– That the current court is not competent to resolve the request due to the existence of an arbitration clause in the contract signed with the plaintiff.
– That the current court is not spatially competent to decide the application because the account opening contract explicitly states that the Beirut courts are the only ones competent to resolve any dispute related to the contract signed between it and the plaintiff.
– Because there is no capacity for the aforementioned to request the transfer because he is the student’s grandfather and his guardian is not in the presence of his father, and the request must be returned on the form because it is not allowed to present it in the form of a car upon request and because the requests are vague and illegal.
– Obligation to reject the claim because it is illegal and the required documents are not presented
– The decision in the file is outside the jurisdiction of urgent matters, because the element of urgency is not available, and so is the element of not meeting the original right
And that on 10/12/2020 the plaintiff presented a list in which he confirmed his demands and repeated them, confirming that the required documents must be shown, and that on 12/14/2020 the defendant presented an execution list against him. of a preparatory decision overcoming their demands and added that the circular of the Governor of the Banque du Liban issued on 12/9/2020 is only an administrative measure.
Judge Mezher outlined the reasons for the decision and the reviews, and decides as follows:
In accordance with article 579, transcribed to article 589, together with article 604 of the New Code of Civil Procedure, the following is decided:
First: Force the bank against which the Fransabank – Nabatieh branch is called to transfer an amount of four thousand dollars from the summoner’s account with him to the account of his grandson Abbas Muhammad Nahle, the Lebanese student in Belarus, and to the account number determined immediately, under pain of a penalty of thirty million pounds for each one. One day of delay in the implementation of the current decision, given the nature of the protected interest, in support of the provisions of Law No. 2020/193 known as the Student Dollar Law, and that the transfer is in US dollars after converting the currency according to the exchange rate of 1515 pounds.
Second: Communicate a copy of the current decision of the defendant bank.
On December 15, 2020, an expedited decision, enforceable on the original, was issued in Nabatiyeh.
