Civil Laws at Laos
Laos operates under a civil law system, with its legal framework significantly influenced by French colonial law and Lao customary practices. In May 2020, Laos enacted its first comprehensive Civil Code, marking a pivotal moment in the country's legal development.
Overview of Laos' Civil Law System
βοΈ Legal System
Civil Law Tradition Laos' legal system is rooted in the civil law tradition, primarily based on codified statute. Historically, it was influenced by French colonial law and *Lao customary law. The Civil Code No. 55/NA, enacted on December 6, 2018, and effective from May 27, 2020, serves as the cornerstone of private law in Lao.
Legislative Process Draft laws in Laos can be proposed by various bodies, including the President of the State, the National Assembly Standing Committee, the Government, the People's Supreme Court, the Office of the Supreme Public Prosecutor, and mass organization. The process involves planning, drafting, reviewing, and adoption by the National Assembly, followed by promulgation by the President of the Stat.
π Structure of the Civil Cod
The Lao Civil Code comprises 630 articles divided into nine main pars:
General Provisions
Persons and Juristic Persons
Family
Property, Proprietorship, and Other Property Rights
Contractual Obligations
Non-Contractual Obligations (including torts, undue enrichment, and management without mandate)
Secured Transactions
Succession
Final Provisions
This comprehensive structure aims to consolidate and modernize Laos' private law, providing a unified legal framework for civil mattes.
ποΈ Key Areas of the Civil Code
π¨βπ©βπ§βπ¦ Family Law
Marriage and Divorce: Regulates the formation and dissolution of marriages, including grounds for divorce and the legal effects hereof.
Child Custody and Support: Establishes guidelines for child custody arrangements and parental responsibilities.
Adoption: Outlines the legal process for adoption, ensuring the protection of childrenβs rights.
π Property and Ownership
Types of Property: Distinguishes between movable and immovable property, along with the rights associated with each.
Ownership Rights: Details the acquisition, use, and protection of ownership rights, including provisions for joint ownership and servitudes.
Acquisitive Prescription: Allows individuals to acquire ownership rights through continuous and undisputed possession over a specified period.
π Contracts and Obligations
Contract Formation: Specifies the requirements for valid contract formation, including consent, object, and lawful purpose.
Performance and reach: Addresses the obligations of parties to perform contractual duties and the remedies available in case f breach.
Non-Contractual Obligations: Covers obligations arising from torts, undue enrichment, and management without mandate.
π¦ Secured Transactions
Types of Security Interests: Introduces pledges, mortgages, and guarantees as means to secure obligations.
Registration Requirements: Establishes procedures for registering security interests, particularly for immovable property, to ensure priority and enforceability.
Preferential Rights: Grants preferential rights to creditors who finance the purchase of assets, provided they register their security interest within a specified period.
β°οΈ Succession
Testate Succession: Allows individuals to distribute their estate through a valid will, subject to legal formalities.
Intestate Succession: Provides for the distribution of an estate when an individual dies without a valid will, prioritizing family members.
ποΈ Judicial System
The People's Supreme Court is the highest judicial authority in Laos, overseeing the judicial system and ensuring the uniform application of laws. It handles appeals and supervises lower courts, including provincial and district courts.
π International cooperation
Japan has played a significant role in assisting Laos with legal technical support, including the drafting of the civil Code. Since 1998, Japan has provided expertise through the Japan International Cooperation Agency (JICA), contributing to the development of Laos' legal infrastructure and capacity-building of legal professionals.
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