Civil Laws at Suriname
Suriname, a South American nation with strong historical ties to the Netherlands, operates under a civil law system, heavily influenced by Dutch law. This means that its civil laws are primarily codified in comprehensive statutes, with the Suriname Civil Code (Burgerlijk Wetboek) being the cornerstone of its private law system.
1. Key Characteristics of Civil Law in Suriname:
Dutch Legal Heritage: The legal system is fundamentally based on Dutch law, a legacy of Suriname being part of the Kingdom of the Netherlands until its independence in 1975. The Suriname Civil Code reflects the Old Dutch Civil Code of 1838, though it has been significantly modernized.
New Civil Code: Notably, a new Civil Code of Suriname has recently entered into force. This is a significant milestone, bringing Suriname's civil law more in line with contemporary jurisdictions in the Dutch Caribbean (like Curaçao, Aruba, and Sint Maarten). This new code introduces modern legal concepts and updates across various civil law areas.
Codification: Laws are primarily found in codified statutes (the Civil Code, and numerous other specific laws and decrees) rather than being developed primarily through judicial precedent (case law) as in common law systems.
Constitutional Supremacy: The Constitution of the Republic of Suriname (1987, amended in 1992) is the supreme law, ensuring that all civil laws and their application must be consistent with constitutional principles and fundamental rights.
Role of Customary Law: Historically, customary laws of indigenous populations and Maroons (descendants of escaped enslaved people) played a role, especially in the southern parts of the country. However, under national law, indigenous communities and Maroons generally hold no special legal status, though there are ongoing efforts and discussions regarding the formal recognition of collective land rights and cultural property.
2. Main Areas of Civil Law in Suriname:
The Civil Code, along with other specialized legislation, covers a broad spectrum of civil law. The recent new Civil Code has introduced significant changes, making it crucial to consult the most updated versions of the laws. Key areas include:
Law of Persons:
Deals with the legal status of individuals, including birth, death, name changes, domicile, and legal capacity (e.g., age of majority).
The Government is reportedly in the process of amending the Civil Code to set the age of majority at 18 years and the age of marriage for both boys and girls at 18.
Family Law:
Marriage: Governs legal requirements for marriage (e.g., age, valid identification documents, marriage license from the Civil Registry Office, performance by a registered marriage officer).
Divorce: Procedures for divorce, with grounds that may include adultery, desertion, cruelty, and irreconcilable differences.
Child Custody and Maintenance: Courts consider the best interests of the child, the relationship with each parent, and the parents' ability to provide for the child's needs. Parental responsibility for maintenance can extend until the child reaches 21 years of age. Unmarried parents generally have the same rights and obligations towards their children as married parents, but paternity may need to be legally established.
Adoption: Regulated by an Adoption Act, requiring prospective parents to meet eligibility criteria and obtain a court order.
Property Division in Divorce: Marital property is typically divided equitably based on factors like the marriage's length, contributions, and financial needs. Prenuptial agreements are legally recognized.
Inheritance Law: Governs the distribution of assets upon death, whether by will or intestate succession.
Law of Property (Law of Things):
Covers ownership, possession, and other real rights (e.g., mortgages, servitudes) in both movable and immovable property.
Legislation includes the Civil Code itself, along with specific acts like the Agriculture Act, Buildings Act, Urban Planning Act, Monuments Act, and various decrees on land policy.
State Ownership of Land: A significant principle is that all land to which others have not proven ownership rights is considered the domain of the State.
The new Civil Code includes provisions related to the legal regime for the ownership of cultural property.
Law of Obligations: This broad category includes:
Contract Law: Governs the formation, validity, interpretation, and breach of contracts. Agreements can be verbal, but written agreements are preferred and mandatory for certain provisions (e.g., non-competition clauses).
Law of Delict (Tort Law): Deals with civil wrongs that cause harm, leading to a claim for damages (e.g., negligence, unlawful acts). An obligation can arise from a unilateral or bilateral legal act or an actual act (such as a tort).
Undue Enrichment: Principles to prevent unjust enrichment.
Commercial Law: While intertwined with civil law (especially contract law), this area also includes specific regulations for company formation, commercial transactions, intellectual property, and investment.
Labor Law: Regulates employment agreements (distinguishing between contracts for services, agreements to perform certain services, and employment agreements), working conditions, and labor disputes. The Labour Dispute Law 1946 regulates the settlement of labor disputes through a Mediation Board.
3. Judicial System in Relation to Civil Law:
High Court of Justice (Hof van Justitie): The highest court of law in Suriname, acting as the highest court of appeal.
Cantonal Courts: Handle cases at the first instance, with three Cantonal Courts located in Paramaribo.
Caribbean Court of Justice (CCJ): Suriname is a member of the Caribbean Court of Justice, which can serve as the final court of appeal for certain cases beyond the High Court.
Constitutional Court: Ensures the constitutionality of laws and regulations.
The recent implementation of the new Civil Code signifies a modernization effort aimed at updating Suriname's private law system to better suit contemporary legal and economic realities. For specific legal advice, consulting a lawyer in Suriname is always recommended due to the ongoing changes and nuances of the system.
RELATED Blog
0 comments