Codex Iuris
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: Promise of Marriage | 42-43 | |
| II: Marriage requirements | 44-48 | ||
| III: Closing the Marriage | 49-60 | ||
| IV: Registration of Marriage | 61-72 | ||
| VI: Annulment of Marriage | 73-80 | ||
| VII: Separation | 81-84 | ||
| VIII: Dissolution of Marriage | 85-89 | ||
| IX: Effects common to Annulment, Separation, and Divorce | 90-101 | ||
| X: Provisional Measures for Annulment, Separation and Divorce | 102-106 | ||
| XI: Laws applicable to Annulment, Separation, and Divorce | 107 | ||
| V: Paternity and Inheritance | I: Inheritance and its Effects | 108-111 | |
| II: Determination and proof of Inheritance | 112-126 | ||
| III: Of Actions on Inheritance | 127-141 | ||
| VI: Food | 142-153 | ||
| VII: Parent-Child Relationships | I: General Provisions | 154-161 | |
| II: Legal Representation of Children | 162-163 | ||
| III: Assets of Children and their Administration | 164-168 | ||
| IV: Expiration of Parental Authority | 169-171 | ||
| 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: Guardianship | 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
External links
- Text of the Codex Iuris (WIP)
