Civil Laws at El Salvador
El Salvador follows a civil law system, which is primarily based on Spanish law, and has been influenced by Roman law traditions. The legal system is characterized by a reliance on written codes and statutes rather than judicial precedents.
Here’s an overview of civil law in El Salvador:
Key Features of Civil Law in El Salvador
Civil Law System: El Salvador's legal system is based on written legal codes and statutes. The Civil Code is the core source of civil law, similar to most Latin American countries.
Influence of Spanish Law: The country inherited its civil law system from Spain due to its colonial history, and its civil codes and statutes were influenced by the Spanish legal tradition.
Roman Law Influence: Like many civil law jurisdictions, the system is rooted in the principles of Roman law, particularly in areas like contract law, property law, and family law.
📘 Key Legal Codes and Acts
Civil Code of El Salvador (Código Civil de El Salvador):
The Civil Code was first enacted in 1860 and has undergone numerous reforms.
It covers major areas of civil law, including:
Contracts: Establishes rules for the formation, execution, and breach of contracts.
Obligations: Governs liability in torts, damages, and other obligations.
Property: Regulates the ownership, possession, and transfer of real and personal property.
Family Law: Includes marriage, divorce, parental rights, and inheritance.
Succession (Inheritance): Defines how assets are distributed after death.
Commercial Code (Código de Comercio):
Regulates commercial transactions, corporate law, and business contracts.
It governs partnerships, bankruptcy, business operations, and intellectual property.
Family Code (Código de Familia):
Specifically governs family-related matters such as marriage, divorce, child custody, adoption, and inheritance.
Labor Code (Código de Trabajo):
Governs the relationship between employers and employees, addressing labor contracts, workers' rights, wages, and social security.
Constitution of El Salvador:
The Constitution is the highest law in the country, and while it does not deal with civil law in detail, it sets out the framework of the legal system, human rights, and the protection of individual freedoms.
🏛️ Judicial System
Courts: El Salvador has a multi-tiered court system, with the Supreme Court being the highest judicial authority in the country.
Civil Courts: The Civil Courts handle general civil law disputes, such as contract cases, torts, and property issues.
Family Courts: Specialize in cases related to marriage, divorce, child custody, and inheritance.
Commercial Courts: Deal with commercial and business-related legal issues, including company disputes, bankruptcy, and intellectual property.
Supreme Court of Justice (Corte Suprema de Justicia): The highest court in El Salvador, which oversees the legal system and ensures the interpretation of laws, including civil law.
🏠 Property Law
Real Property: Ownership of property is governed by the Civil Code, which allows individuals to own land, real estate, and other property. Property transactions, such as buying, selling, and leasing, must be registered in the national registry.
Tenancy and Leasing: Rental agreements and leases are also regulated under the Civil Code, which includes protections for both landlords and tenants.
Public and Private Property: The government retains the right to expropriate land for public use but must compensate the owner fairly under the law.
👪 Family Law
Marriage:
Marriage in El Salvador is governed by the Family Code and is based on mutual consent. Same-sex marriages are not currently recognized by Salvadoran law.
Marriage Contracts: Couples can establish specific agreements regarding the division of property during marriage through prenuptial agreements.
Divorce:
Divorce can be granted on grounds such as adultery, abuse, and separation, among other reasons. Mutual consent divorce is also allowed under Salvadoran law.
The Family Code outlines the process for divorce, division of property, and maintenance (spousal support).
Child Custody:
In the case of divorce or separation, custody of children is determined with the child's best interest as the primary concern. Usually, mothers are granted custody, but fathers can seek shared or full custody based on specific circumstances.
Inheritance:
Intestate Succession: When a person dies without a will, their assets are distributed according to the Civil Code's intestate succession rules.
Testate Succession: If there is a will, the distribution of assets follows the testator's wishes, as long as it complies with legal requirements.
⚖️ Contracts and Obligations
Contracts:
The Civil Code in El Salvador emphasizes the freedom of contract, meaning parties are free to form contracts, but they must adhere to the principles of good faith, public order, and legality.
Common contract types include sales contracts, lease agreements, and employment contracts.
Obligations and Torts:
The Civil Code governs obligations that arise from torts (wrongful acts), breaches of contract, and other civil responsibilities.
If a person is harmed by another's actions (e.g., an accident, defamation, or property damage), they are entitled to compensation for their loss.
🏙️ Foreigners and Civil Law in El Salvador
Foreigners and Property Ownership: Foreign nationals can own property in El Salvador, but there are restrictions on owning land within certain distances of the country's borders and coastlines.
Family Law for Foreigners: Foreigners are generally subject to Salvadoran law when living in the country, especially regarding matters like marriage and divorce. However, foreigners can have their personal status issues (like divorce or inheritance) resolved according to their home country’s laws through international private law rules.
⚡ Recent Legal Reforms
Legal Reforms for Transparency: El Salvador has undertaken efforts to improve legal transparency, particularly in business and property transactions.
Labor Law Reforms: Recent changes in the Labor Code have strengthened workers' rights, including regulations on wages, hours, and social security.
RELATED Blog
0 comments