Civil Laws at Greenland (Denmark)
Greenland is an autonomous territory within the Kingdom of Denmark, with extensive self-government powers under the Greenland Self-Government Act of 2009. While it is part of the Danish Realm, it has a significant degree of legislative autonomy, meaning it enacts its own laws in many areas.
Its legal system is fundamentally a civil law system, reflecting its historical ties to Denmark. However, it's also deeply influenced by local Greenlandic conditions and traditional values, particularly in the administration of justice.
1. Sources of Civil Law in Greenland:
Acts of the Inatsisartut (Greenland Parliament): These are the primary source of law for matters where Greenland has assumed competence. This includes many areas of civil law.
Danish Acts (by extension): Danish laws apply in Greenland only if they are explicitly extended to Greenland by the Danish Parliament or if Greenland has not taken over legislative competence in a particular area. Over time, Greenland has increasingly taken over more legislative areas.
Principles of Danish Civil Law: Even where Greenland has its own legislation, the underlying principles and concepts are often derived from Danish civil law.
Customary Law: While not as formalized as in some other mixed systems, local customs and societal norms can influence the application and interpretation of laws, particularly in the lower courts, where lay judges play a significant role.
Judicial Precedent: As a civil law system, judicial precedent is not strictly binding, but decisions from higher courts (especially the High Court of Greenland and the Danish Supreme Court for appeals) are highly influential.
2. Key Branches of Civil Law in Greenland:
Greenland has assumed competence over a significant number of internal policy areas, including much of its civil law.
Contract Law:
Largely based on principles similar to Danish contract law. This covers the formation, validity, interpretation, performance, and breach of contracts.
The general principles of freedom of contract, good faith, and the binding nature of agreements are central.
Property Law:
This is a unique and significant area in Greenland, reflecting traditional indigenous concepts.
There is generally no private ownership of land in Greenland according to tradition. The land is often considered communal and cannot be bought or sold in the same way as freehold land in many Western countries.
Rights to land are typically based on concessions or usage rights granted by the Greenlandic self-government, rather than outright ownership.
Legislation would regulate these concessions, including for residential, commercial, and resource exploitation purposes.
Family Law (Personal Status Law):
Greenland has increasingly taken over responsibility for family and succession law from Denmark.
Covers marriage, divorce, child custody, parental responsibility, and maintenance.
Greenland is generally considered socially progressive, aligning with Denmark on issues like LGBTQ+ rights.
Specific laws would govern adoption, guardianship, and other family-related matters.
Inheritance Law (Succession):
Greenland has also assumed competence over inheritance law.
This covers rules for distributing a deceased person's assets, including intestate succession (without a will) and testate succession (with a will).
The principles are likely similar to Danish inheritance law, which typically prioritizes spouses and direct descendants, but with adaptations for Greenlandic context.
Tort Law (Civil Liability/Damages):
Principles of liability for damages caused by negligence or other civil wrongs.
Based on civil law principles of fault and causation, similar to Danish law.
Commercial Law:
Greenland has its own laws governing companies, partnerships, and commercial transactions.
These laws are designed to facilitate business activity within Greenland and to attract investment, particularly in areas like mineral resources.
Civil Procedure:
The judicial system in Greenland is established by Danish law but adapted for Greenlandic conditions.
It consists of District Courts (with lay judges and special education on Greenlandic society), the Court of Greenland (handles more complex cases, with lawyer judges), and the High Court of Greenland (appeal court in Nuuk).
Rulings from the High Court of Greenland may, with permission, be appealed to the Supreme Court (Højesteret) in Copenhagen. This is a key link to the broader Danish legal system and ensures legal consistency within the Realm.
Important Considerations:
Self-Government and Future Independence: The Self-Government Act includes a provision for Greenland's path to independence, which would involve negotiations and a referendum. This means the legal landscape is dynamic and subject to potential future changes.
Cultural Context: The significant role of lay judges in the District Courts and the recognition of traditional land concepts highlight the influence of Greenlandic culture and societal structure on its legal system.
Economic Development: The laws, particularly in areas like mining and resource exploitation, are being developed to support Greenland's economic self-reliance.
Language: Greenlandic (Kalaallisut) is the principal language, though Danish is also widely used in official contexts.
For specific legal advice on civil law in Greenland, it is essential to consult with a lawyer qualified and practicing in Greenland, who has expertise in both the Greenlandic legislation and its interplay with Danish law and local customs.
RELATED Blog
0 comments