Codex Iuris: Difference between revisions

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* [[Laws of Nouvelle Alexandrie]]
* [[Laws of Nouvelle Alexandrie]]
* [[Cortes Federales of Nouvelle Alexandrie]]
* [[Cortes Federales of Nouvelle Alexandrie]]
== External links ==
* [https://docs.google.com/document/d/1rzTDb2zWQ-FqfG4qKrL9cs3czh-Y57P3aXsg46y5DaY/edit?usp=sharing Text of the Codex Iuris] (WIP)


[[Category:Law]]
[[Category:Law]]

Latest revision as of 14:32, 6 April 2023

The cover of the Codex Iuris of Nouvelle Alexandrie

The Codex Iuris of Nouvelle Alexandrie, often translated as the Civil Code or Code of Laws, is the official collected work of general and federal statutory law. It was created mostly by the Federal Constituent Assembly. It regulates many aspects of civil law in the nation, although it is not an exhaustive work. It was first promulgated by Royal Decree by King Manco Cápac I on 12.I.1690 AN. It bears the signature of Alejandro Campos, the first President of the Government, and Vicaquirao Alvarez, the first Vice-President of the Government. Since then, the Code has been amended numerous times, last in 1714 AN.

In accordance with the Proclamation of Punta Santiago, the development of civil legislation is the duty of the Cortes Federales. However, the Regional governments have some competencies in creating civil legislation that are part of the Codex.

History of the civil code

The civil code of Nouvelle Alexandrie derived in large part from the former laws of Alduria and Wechua Nation, the former of which was further derived from Alexandrian and Caputian Law. The codification of the civil law of Nouvelle Alexandrie began shortly after the signing of the Proclamation of Punta Santiago. It is generally divided into three periods: the period between 1685 and 1690 AN, when the code was devised and approved; between 1690 and 1693 AN, when the Constituent Assembly expanded and amended it; and the time after 1693 AN, when the Cortes Federales maintained the Code.

First Period

The codification of the civil law between 1685 and 1688 AN was mostly focused upon the creations of Title 1 to 4, which deals with matters pertaining to people, property, and legal norms. The Federal Constituent Assembly was responsible for adapting previous laws from Alduria and Wechua to the new nation. It was the project of Campos and Alvarez as part of the New Prosperity Plan and the strong need for a framework of laws. The Code contained in this first edition a lot of the Humanist ideology, as well as Federalism, with strong space for regional rights. The decision to promulgate the Codex in 1690 AN was a decision by Campos, who decided to resign shortly after his second term started.

Transitional Period

After the first edition was promulgated, Jean-Michel Lavaud, Campos' successor, worked with the Constituent Assembly to expand the Civil Code. This was also part of the amendment process of the Proclamation. While smaller than the process of the devision of the Code, it was expanded with several articles that were important to administrative law. The second edition with these additions was published in 1693 AN, shortly before the instalment of the First Session of the Cortes Federales.

Present Period

The Civil Code was amended several times since 1693 AN on various places, including through reforms for family and property rights. The Cortes Federales is the current owner of the Codex and therefore has the power to amend it.

Structure

The code is limited in scope according to Humanist ideology, with the only accepted objects of Law to be people, property, and actions. The book is divided into a preliminary part, which devises the legal norms and their applications; and four titles that deal with property, obligations and contracts, family law, and succession law. The last part concerns transition and miscellaneous provisions.

Title Title Chapter Articles
Preliminary I: Sources Of Law 1-2
II: Application of the judicial norms 3-5
III: General effectiveness of legal rules 6-7
IV: Private international law rules 8-12
V: Scope of application of coexisting civil legal regimes in the national territory 13-16
Book I: The People I: Of Nationals and Foreigners 17-28
II: On Birth and Expiration of civil personality I: Natural Persons 29-34
II: Legal Persons 35-39
III: The Domicile 40-41
IV: Marriage I: General Provisions 42-74
II: Religious Marriage 75-82
III: Civil Marriage 83-107
V: Paternity and Inheritance I: Legitimate Children 108-114
II: Proofs of parentage of the legitimate children 115-118
III: Legitimized Children 119-128
IV: Illegitimate Children 129-141
VI: Food 142-153
VII: Parent-Child Relationships I: General Provisions 154
II: Effects of Parental Authority regarding the Persons

of the Children

155-158
III: Effects of Parental Authority regarding the Assets

of the Children

159-166
IV: Expiration of Parental Authority 167-171
V: Adoption and other forms of Protection of Minors 172-180
VIII: Absence I: Declaration of Absence and its Effects 181-192
II: Declaration of Death 193-197
III: Registration of Death, Disappearance, and Legal Absence 198
IX: Guardianship and Custody of Minors I: General Provisions 199-234
II: Judicial Defender of the Minor 235-236
III: De facto Custody of the Minor 237-238
X: Old Age and Emancipation 239-248
XI: Support Measures for People with Disabilities to Exercise their legal capacity I: General Provisions 249-253
II: Voluntary Support Measures 254-262
III: De facto Guardian of people with Disabilities 263-267
IV: Conservatorship 268-294
V: Judicial Defender of the person with Disabilities 295-298
VI: Liability for Damage caused to Others 299
XII: General Provisions 300-325
Book II: Animals, Goods,

Property and its Modifications

Preliminary Provisions 326-333
I: Classification of Animals and Goods I: Real Estate 334
II: Movable Property 335-337
III: Goods according to the People to whom they Belong 338-345
IV: Provisions common to the three previous chapters 346-347
II: Property I: Property in General 348-352
II: Rights of Accession 353-383
III: Borders and Demarcation 384-387
IV: Right to close Farms 388
V: Dilapidated Building and Fallen Trees 389-391
III: Community of Goods 392-406
IV: Special Properties I: Waters 407-425
II: Minerals 426-427
III: Intellectual Property 428-429
V: Possession I: Possession and its Species 430-437
II: Acquisition of Possession 438-445
III: Effects of Possession 446-466
VI: Usufruct, Use, and Habitation I: Usufruct 467-522
II: Use and Habitation 523-529
VII: Easements I: Easements in General 530-548
II: Legal Easements 549-593
III: Voluntary Easements 594-604
VIII: The Registry of Property 605-608
Book III: The Different Ways

of Acquiring Property

Preliminary Provisions 609
I: Occupation 610-617
II: Donation I: Nature of Donations 618-623
II: People who can make or receive Donations 624-633
III: Effects and Limitations of Donations 634-643
IV: Revocation and Reduction of Donations 644-656
III: Succession I: General Provisions 657-661
II: Wills 662-743
III: Inheritance 744-911
IV: Intestate Succession 912-929
V: Order of Happening according to the diversity of lineage 930-958
VI: Provisions common to Inheritances by will or without it 959-1034
VII: Collation and partititon 1035-1087
Book IV: Obligations and

Contracts

I: Obligations I: General Provisions 1088-1093
II: Nature and Effect of the Obligations 1094-1112
III: The Various Kinds of Obligations 1113-1155
IV: Expiration of Obligations 1156-1213
V: Proof of Obligations 1214-1253
II: Contracts I: General Provisions 1254-1260
II: Essential Requirements for the Validity of Contracts 1261-1277
III: Effectiveness of Contracts 1278-1280
IV: Interpretation of Contracts 1281-1289
V: Termination of Contracts 1290-1299
VI: Nullity of Contracts 1300-1314
III: Economic Regime I: General Provisions 1315-1324
II: Marriage Agreements 1325-1335
III: Donations by Reason of Marriage 1336-1343
IV: Community of Property 1344-1410
V: Participation Regime 1411-1444
IV: Purchase and Sale Contract I: Nature and Form of this Contract 1445-1456
II: Ability to Buy or Sell 1457-1459
III: Effects of the Purchase and Sale Contract when the Thing

Sold has been Lost

1460
IV: Seller's Obligations 1461-1499
V: Buyer's Obligations 1500-1505
VI: Resolution of the Sale 1506-1525
VII: Transfer of Money and other Incorporeal Rights 1526-1536
VIII: General layout 1537
V: Exchange 1538-1541
VI: Lease I: General Provisions 1542-1545
II: Leases of Rural and Urban Properties 1546-1582
III: Leases of Works and Services 1583-1603
VII: Census I: General Provisions 1604-1627
II: Emphyteutic Census 1628-1656
III: Consignative Census 1657-1660
IV: Reservation Census 1661-1664
VIII: Companies I: General Provisions 1665-1678
II: Obligations of the Partners 1679-1699
III: Ways to Extinguish Companies 1700-1708
IX: Mandate I: Nature, Form, and Species of the Mandate 1709-1717
II: Obligations of Agents 1718-1726
III: Principal's Obligation 1727-1731
IV: Ways to Finish the Mandate 1732-1739
X: Loans I: General Provisions 1740-1752
II: Simple Loans 1753-1757
XI: Deposits I: Deposits in General and its Various Species 1758-1759
II: Deposits themselves 1760-1784
III: Abduction 1785-1789
XII: Random or Lucky Contracts I: General Layout 1790
II: Maintenance Contract 1791-1797
III: Game and Bets 1798-1801
IV: Life Annuity 1802-1808
XIII: Transactions and Commitments I: Transactions 1809-1819
II: Commitments 1820-1821
XIV: Bail I: Nature and Extent of the Guarantee 1822-1829
II: Effects of Bail 1830-1846
III: On expiration of Bonds 1847-1853
IV: Legal and Judicial Guarantees 1854-1856
XV: Ledge, Mortgage, and Antichresis Contracts I: Pledge 1857-1862
II: Garment 1863-1873
III: Mortgage 1874-1880
IV: Antichresis 1881-1886
XVI: Obligations that are Contracted without an Agreement I: Quasi Contracts 1887-1901
II: Obligations that Arise from Fault or Negligence 1902-1910
XVII: Concurrence and Priority of Credits I: General Provisions 1911-1920
II: Classification of Credits 1921-1925
III: Priority of Credits 1926-1929
XVIII: Prescriptions I: General Provisions 1930-1939
II: Prescription of the Domain and other Real Rights 1940-1960
III: Prescription of Actions 1961-1975
Final Provision 1976
Transitional Provisions 1977-1990
Additional Provisions 1991-1994

See also