Civil Laws at Nicaragua
Nicaragua operates under a civil law system, heavily influenced by the Spanish colonial period and characterized by comprehensive legal codes. Its civil laws are primarily codified in the Civil Code (Código Civil), which has been in force since 1904, and other specialized codes and statutes.
Here's an overview of key areas of civil law in Nicaragua:
1. The Civil Code (Código Civil):
This is the foundational piece of civil legislation in Nicaragua. It's a broad code that covers a wide array of civil matters, including:
Persons and Family: Regulations concerning individuals, legal capacity, and fundamental aspects of family life.
Property Law: Rules governing ownership, possession, and various rights related to movable and immovable property.
Obligations and Contracts: Principles of contractual agreements, their formation, enforcement, and the types of obligations that arise from them.
Succession (Inheritance): Laws concerning wills, intestate succession (inheritance without a will), and the distribution of estates.
2. Family Law:
While the Civil Code traditionally contained many provisions on family matters, Nicaragua enacted a separate Family Code (Código de Familia) (Law 870) which came into effect in 2015. This comprehensive code updated and modernized family law, covering:
Marriage and Divorce: Defines legal age for marriage (18 for both genders, with exceptions for 16-17 with parental consent), requirements for marriage, and grounds and procedures for separation and divorce.
Parental Responsibility and Child Custody: Determines parental rights and obligations, including care, support, and education of children. Custody decisions are based on the best interests of the child.
Child Support: Guidelines for determining child support payments.
Property Division in Divorce: Principles for the division of marital property, typically equally, unless a prenuptial agreement specifies otherwise.
Adoption: The legal process for adopting a child.
Paternity: Procedures for establishing paternity (voluntary acknowledgment, DNA testing, court order).
Legal Separation: Procedures for formal legal separation.
Domestic Violence: Provisions for protection and legal remedies for victims of domestic violence.
3. Property Law:
Nicaraguan property law is primarily found in the Civil Code, but also in specific laws and constitutional provisions.
Constitutional Guarantee: Article 44 of Nicaragua's Constitution guarantees the right to private property. Article 27 explicitly addresses the rights of foreign citizens to purchase land and invest, generally granting them the same rights as Nicaraguan citizens, with some specific restrictions.
Foreign Investment Law (Law 344): Provides comprehensive protection for foreign investors, ensuring equal treatment with national investors and protecting property rights.
Ownership Structures: Foreign investors can own property directly (personal name on title deed) or through a Nicaraguan corporation.
Border Zone Restrictions: There are restrictions on property ownership in areas close to national borders (typically 5-15km). In these areas, foreigners may need to establish a Nicaraguan corporation to hold property or obtain special permits.
Coastal Property: Coastal properties, especially those historically state-owned or in certain zones, may require a "No Objection Letter" from relevant authorities.
Property Registration Process: Involves due diligence, signing a purchase agreement (Promesa de Venta), executing a Public Deed (Escritura Pública) before a Nicaraguan notary public, and finally registering the property in the public registry.
Associated Costs: These typically include a property transfer tax (4% of declared value), registration fees (1% of property value), legal fees (1-2%), and notary fees (0.5-1%).
Agrarian Reform: Properties affected by past agrarian reforms may require a "Certification of No Objection" from the Attorney General's Office to ensure there are no irregularities before registration.
4. Contract Law:
Nicaraguan contract law is largely governed by the Civil Code and, for commercial contracts, by the Commercial Code (Código de Comercio).
The Civil Code defines a contract as "an agreement between two or more persons to establish, regulate or clarify a legal bond between them" (Article 2435).
A key principle is that "obligations arising from contracts have the force of law between the contracting parties, and must be fulfilled according to their terms" (Article 1836 of the Civil Code).
Contracts generally only affect the contracting parties, not third parties.
For a contract to be valid, generally, there must be:
Capacity of the parties to undertake the obligation.
A defined object (what is to be given, done, or not done).
A lawful cause or reason for the obligation.
Consent, free from error, fraud, or duress.
Contracts can be private or public (notarized). Public instruments drafted by a public notary are common for significant transactions like property transfers.
5. Tort Law (Non-Contractual Liability):
Tort law, often referred to as "obligations arising without convention" or civil liability, is also primarily covered in the Civil Code.
It deals with liability for harm caused by an act or omission that is not based on a contract.
The general principle is that whoever causes damage to another through fault or negligence is obligated to repair that damage.
This includes compensation for damages, whether material or moral.
Specific provisions within the Civil Code address various types of torts, including damage caused by animals, dangerous activities, or specific professions.
Judicial System for Civil Cases:
Nicaragua's judicial system includes Local Judges (municipal level) and District Judges (departmental/regional level), with specific competence over civil, labor, family, or criminal matters, sometimes unified in smaller municipalities.
Courts of Appeals review sentences from district judges.
The Supreme Court of Justice is the highest court, divided into chambers, including a civil chamber. It also has the power of "cassation," to modify or revoke a sentence or even dictate a new one.
The Organic Law of the Judicial Branch regulates the court system.
It's important to note that while the codes provide the framework, jurisprudence (case law) from the higher courts, particularly the Supreme Court, plays a role in interpreting and applying these laws. Furthermore, legal reforms are periodically introduced, such as the new Family Code and Civil Procedure Code (Código Procesal Civil, in force since 2015), which replaced older versions to modernize legal procedures.
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