Civil Laws at Colombia
Civil law in Colombia is based on a civil law system derived from Roman law and influenced by the Napoleonic Code and Spanish colonial law. It is governed mainly by the Colombian Civil Code (Código Civil Colombiano), originally drafted in 1873 by Andrés Bello (the same legal scholar who drafted Chile’s Civil Code), and enacted in 1873.
Here’s a detailed overview of civil laws in Colombia:
Colombian Civil Law – Key Areas
📘 1. The Civil Code (Código Civil)
The Civil Code is divided into major sections covering:
📍 Book I – Persons
Legal personality and civil status
Family law: marriage, divorce, filiation, adoption
Capacity and guardianship
📍 Book II – Property
Classification of property (movable/immovable)
Ownership, possession, usufruct
Property rights and limitations
📍 Book III – Successions
Wills and intestate succession
Distribution of estates
Rights of heirs and legatees
📍 Book IV – Obligations and Contracts
Formation of contracts
Types of obligations (civil and natural)
Breach, damages, and nullity
⚖️ 2. Key Areas of Civil Law
👨👩👧👦 Family Law
Governed by the Civil Code and special laws (e.g., Ley 1098 de 2006 for children’s rights)
Regulates:
Marriage and civil unions (including uniones maritales de hecho)
Divorce and annulment
Alimony (alimentos)
Custody (custodia) and visitation rights
🏠 Property Law
Property rights protected under the Constitution and Civil Code
Real estate governed by property registration laws (Registro de Instrumentos Públicos)
Includes regulations for:
Possession (posesión) and ownership (dominio)
Co-ownership (copropiedad)
Easements (servidumbres)
📜 Contracts & Obligations
A wide array of contracts recognized (e.g., sale, lease, loan, services)
Valid contracts require consent, object, and cause
Includes both civil and commercial obligations (commercial ones are under the Código de Comercio)
⚰️ Succession and Inheritance
Testate and intestate succession
Forced heirship rules apply (spouse and children have guaranteed portions)
Formalities for wills: open, closed, or holographic
👨⚖️ Civil Courts and Procedures
Civil cases are handled by civil circuit judges and municipal judges, depending on the amount or nature of the dispute.
Appeals go to Superior Tribunals and possibly to the Supreme Court of Justice (Corte Suprema de Justicia).
Civil procedure is governed by the General Code of Procedure (Código General del Proceso, Ley 1564 de 2012).
📌 Modern Influences and Reforms
Colombia has been modernizing its civil justice system, especially in family law, women’s rights, and alternative dispute resolution (ADR).
Strong emphasis on constitutional supremacy, meaning that all laws must align with the 1991 Constitution.
Constitutional Court rulings (e.g., on LGBTQ+ rights, adoption, euthanasia) significantly shape civil law application.
🧠 TL;DR
| Area | Key Law/Principle |
|---|---|
| Civil Code | Based on Roman/Spanish law (1873) |
| Family Law | Marriage, divorce, custody, alimony |
| Property Law | Ownership, possession, real estate |
| Contracts | Consent + Object + Cause |
| Succession | Inheritance rights, forced heirship |
| Procedure | Código General del Proceso (2012) |
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