Who runs 'Hashem Al-Aqqad' empire in his absence?

Legal and financial circles in Damascus are awaiting the anticipated decision from the First Sharia Court regarding the appointment of a "representative for an absentee" to manage the assets and businesses of businessman Hashem Anwar al-Aqqad.

The significance of this decision stems from the scale of the investments involved and the legal complexities arising from existing and ongoing litigation among family members.

Legal Considerations: Appointment Criteria

According to sources familiar with the case, Anwar Hashem al-Aqqad (the eldest and only son of the abducted man) is the leading candidate for the position. His suitability is based on his close relationship with his father and his specialized academic qualifications; he is a graduate of Harvard University and Dauphin University, specializing in economics and financial engineering, qualifications directly relevant to the tasks required for managing and overseeing large commercial companies.

Meanwhile, the court is considering appointing the abducted man's mother, who is over eighty-six years old, or one of his brothers, a move that faces legal objections based on the principle of "conflict of interest."

The Problem of "Litigation" and its Impact on Administrative Integrity

This case raises fundamental legal questions about the appropriateness of appointing a "legal litigant" as the representative of the absent party. The documents indicate the existence of:

- A series of pending lawsuits: More than 20 financial and legal cases exist between the abductee and his siblings, including requests for judicial guardianship, audits, and company dissolution, all filed by the abductee.

- Concerns about the merging of legal positions: Legal experts believe that enabling the litigant to manage the assets of the absent party could lead to a situation where the individual becomes both "plaintiff and defendant" simultaneously, especially if there are pending cases requiring the defense of the absent party's rights against his siblings.

Loopholes in Administrative Procedures

The memoranda submitted to oversight bodies indicate that one of the disputing parties authenticated a "general power of attorney" under circumstances that warrant scrutiny. This was followed by procedures to dismiss the abductee's previous legal representatives and appoint new lawyers to represent the litigant, thus placing the integrity of subsequent legal actions under judicial review.

Legal and Oversight Responsibility

The spirit of Syrian law, specifically the articles concerning "absent and missing persons," stipulates that the primary purpose of appointing a representative is "to safeguard and preserve assets." Accordingly, observers are bringing this matter to the attention of the Minister of Justice to ensure:

- Complete impartiality in selecting the representative most committed to the interests of the absent person.

- Avoiding the appointment of any party with a direct or indirect conflict of interest with the absent person to guarantee that rights are not lost.

- Verifying the validity of powers of attorney activated after the abduction.

Protecting private property and ensuring the continuity of economic institutions in the absence of their owners requires judicial decisions characterized by accuracy and transparency, free from any pressure or interference that could affect the course of justice.