Civil Laws at Liechtenstein
Liechtenstein operates under a civil law system, with its primary source of law being statutes enacted by the parliament. While court decisions are not binding precedents in the same way they are in common law countries, they still hold significant importance.
The cornerstone of civil law in Liechtenstein is the General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB). This comprehensive code, largely adopted from the Austrian legal system, regulates the rights and obligations of private individuals and all inhabitants of the state.
Key areas covered by civil laws in Liechtenstein include:
Family Law: This area governs matters related to:
Marriage and registered partnerships, including prenuptial agreements.
Separation, divorce, and dissolution of registered partnerships.
Child custody, care arrangements, and maintenance (child support).
Child adoption and paternity.
Domestic violence.
Reproductive rights (birth control, artificial conception, abortion).
Law of Obligation: This regulates legal bonds between individuals, encompassing:
Contract Law: Liechtenstein's contract law is known for its liberality and adherence to the principle of contractual freedom and private autonomy. There are generally few formal requirements, though written form or certified signatures are often recommended or stipulated for certain contracts. Employment contracts, for instance, are governed by the Persons and Companies Act (PGR) and other labor legislation, outlining terms like working hours, compensation, leave, and termination conditions.
Law of Inheritance: This deals with the distribution of assets after a person's death, including:
Wills (testaments and codicils).
Deeds of inheritance.
Compulsory portions for forced heirs.
Rules for intestate succession (inheritance without a will).
Property Law: This area addresses issues related to real estate and other forms of property, including:
Buying, leasing, and tenancy issues.
Registration of properties with the Land Register.
The Land Purchase Act, which generally restricts land acquisition to persons resident in Liechtenstein, regardless of citizenship, and often requires proof of need for the land. There are exceptions for close relatives and in cases of acquisition mortis causa.
Easements and charges on property (like mortgages and land charge certificates).
It's important to note that the corpus of Liechtenstein's Civil Law is primarily drafted in German, which can pose a language barrier for non-German speakers.
For specific legal advice on any civil law matters in Liechtenstein, it is highly recommended to consult with a local legal professional.
RELATED Blog
0 comments