Civil Code of the Order of the Holy Lakes

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General Provisions

Purpose

This Statute regulates civil status, marital unions, descent, adoption, inheritance, contracts, and the recognition of public acts within the Order of the Holy Lakes and in relation to foreign jurisdictions.

Definitions

For the purposes of this Statute:

  1. Order means the Order of the Holy Lakes.
  2. realm means any realm under the jurisdiction of the Order.
  3. citizen means any person holding citizenship of the Order, whether or not a member of the Order.
  4. resident means any person domiciled or lawfully present in the territory of the Order, including aliens.
  5. public act includes registrations, judgments, and civil records issued or certified by a competent authority.
  6. contract means a lawful agreement enforceable under civil law.
  7. marital union means a legal union solemnized or recognized under this Statute.
  8. marriage means a marital union between two spouses.
  9. marital community means a marital union between three or more spouses forming a single communal legal unit.
  10. dissolution means the termination of a marital union.
  11. annulment means a declaration that a marital union was void ab initio.
  12. descendants means all persons in direct line from an individual, inheriting per stirpes.
  13. Population Register means the civil register for citizens and residents, who are not inscribed in the Almanac of the Holy Lakes.
  14. Almanac of the Holy Lakes means the register for the members of the Order of the Holy Lakes.
  15. order public refers to the fundamental principles of law and justice of the Order, as determined by the Senate of the Lakes.

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Full faith within the Order

Mutual Recognition

Public acts, judgments, registrations, and marital unions issued in one realm shall be recognized and enforceable in every other realm.

Non-Discrimination Between Realms

No realm may refuse recognition of a civil status originating in another realm on grounds of religion, culture, legal tradition, ethnicity, or gender.

Conflicting Judgments

Where conflicting judgments arise, the judgment from the realm of domicile at the time of the dispute shall prevail, subject to appeal to the Senate.

Recognition of Foreign Public Acts

General Rule

Foreign public acts concerning births, names, marital unions, dissolutions, deaths, adoptions, guardianship, and contracts shall be recognized if valid where issued.

Exception on Grounds of Order Public

Recognition shall be refused where the act is against order public, including:

  1. unions involving a person below fifteen years of age;
  2. absence of free and informed consent;
  3. incestuous unions within prohibited degrees;
  4. slavery, servitude, prostitution, or human ownership;
  5. fundamentally coercive or unjust contracts;
  6. unions that deny equal legal dignity of spouses.

Hierarchical Foreign Unions

  1. A foreign marital union with unequal or hierarchical status (e.g., concubinage systems) shall only be recognized if all parties jointly petition for recognition as an equal-status marital union or marital community under Order law.
  2. If equality is not accepted, the union is not recognized as a marital union. Civil or contractual relations between the parties may still be recognized where lawful.
  3. Already-recognized unions shall not be affected by this rule.

Marital Unions

Freedom of Marital Union

Any consenting adults may enter a marital union, without restriction based on gender, sex, faith, ethnicity, nationality, or age difference, subject to the exception on grounds of order public.

Forms of Union

  1. A marriage is between two spouses.
  2. A marital community is between three or more spouses.
  3. Consent of all existing spouses is required to add a spouse to a marriage or existing marital community.

Age and Consent (Domestic)

Marital unions solemnized within the Order require all spouses to be at least eighteen years of age and fully consenting.

Equality of Spouses

All spouses in a marital union share equal legal status, rights, and duties.

Dissolutions and Annulments of Unions of Members of the Order

  1. The Chancellor or Commander of the Order shall recognize any public declaration of the spouses in a marital union that they have dissolved that union. In the absence of public declaration of the same, the Chancellor or Commander shall recognize any valid court order dissolving that union. Appeals lie to the Senate.
  2. The Chancellor or Commander of the Order may annul a union where at least one party is a member of the Order by reason of blood, adoption or induction. Annulment may only occur on grounds of fraud, coercion, fundamental defect, or violation of order public. Appeals lie to the Senate. Any interested party may petition for an annulment. Interested parties include members of the Secretariat, Senate, and any of spouses themselves.

Contracts

Validity of Contracts

Contracts lawfully entered into by citizens or residents, in the Order or abroad, shall be recognized unless against order public.

Surrogacy Contracts

Contracts concerning surrogacy or the transfer of parental rights prior to birth are void and without legal effect as against order public.

Descent, legal parentage, and adoption

Maternal Rule and Parentage

  1. The person who gives birth is a legal parent at birth. Persons who have contributed sperm or egg cell to the formation of the child are also legal parents.
  2. A child may have more than two legal parents.

Adoption

  1. Adoption is permitted only of unmarried persons under the age of eighteen years.
  2. The outset of an adoption is the inclusion of further legal parents, but an adoption may, if it is in the best interests of the child, exclude an already legal parent in favour of another.
  3. Adoption requires:
    1. consent of the adopting parent(s);
    2. consent of the existing legal parent(s), unless overridden in the best interests of the child;
    3. consent of the child aged 15–17;
    4. assent of the child aged 7–14.
  4. Adoption creates full legal kinship.
  5. Appeals lie to the Senate.

Recognition of Foreign Adoption

Foreign adoptions are automatically recognized if valid where issued, subject only to verification of authenticity and unless against Order Public.

Removal of legal parentage

A legal parent may be removed from legal parentage by an appropriate court (or, in the case of members of the Order, by the Chancellor or Commander) if it is in the best interests of the child.

Inheritance

Equal Inheritance of Descendants

All descendants inherit equally, without discrimination on grounds of sex, religion, legitimacy, or marital structure of the parents. If a descendant is deceased, their descendants inherit per stirpes.

Titles Excluded

This Section applies to property, not succession to chivalric or noble titles.

Registration

Population Register

All civil status events concerning citizens and residents shall be recorded in the Population Register.

Almanac of the Holy Lakes

The civil status of members of the Order shall be recorded in the Almanac.

Jurisdiction

Competent Authorities

Realms administer civil status within their territory. Appeals and inter-realm disputes fall under the jurisdiction of the Senate.

Determination of Order Public

The Senate shall have final authority to determine the scope of order public.

Final provisions

Supremacy

This Statute supersedes any inconsistent realm law on matters governed herein.

Entry into Force

This Statute enters into force upon adoption.

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