Civil Laws at East Timor
Timor-Leste (East Timor) operates under a civil law system influenced by Portuguese legal traditions, with significant reforms post-independence. Here's an overview of its civil legal framework:
๐ Civil Code of Timor-Leste
Law No. 10/2011: Enacted on September 14, 2011, this law established the Civil Code, replacing the Indonesian Civil Code previously in force
Structure: The Code comprises 2,195 articles divided into five books
General Part: Covers laws, their interpretation, application, and legal relationships
Law of Obligations: Includes obligations in general and special contracts
Law of Things: Addresses possession, property rights, usufruct, use and housing, and land servitudes
Family Law: Encompasses marriage, filiation, adoption, and maintenance
Succession Rights: Details general succession, legitimate succession, legal succession, and testamentary succession
โ๏ธ Fundamental Principles of Civil Law
The civil law system in Timor-Leste is characterized by several fundamental principles
Recognition of the Human Person and Personal Rights
Private Autonomy
Civil Liability
Good Faith
Legal Personality of Collective Persons
Private Property
Legal Relevance of the Family
Succession Phenomenon
๐๏ธ Judicial Structure
The Supreme Court of Justice (Tribunal de Recurso) is the highest judicial authority in Timor-Lest. Established by the Constitution, it holds ultimate jurisdiction over all legal, constitutional, and electoral matter. The Court is located in Dili, the capital cit.
๐งพ Administrative and Commercial Law
*Decree-Law No. 32/2008: Governs administrative procedures, ensuring transparency and citizen participation in administrative process.
*Decree-Law No. 7/2006: Establishes the Code of Business Registration, outlining the registration requirements for various business entities in Timor-Lese.
๐งโ๐คโ๐ง Customary Law and Alternative Dispute Resolution
Despite the formal legal framework, many disputes in Timor-Leste are resolved through customary law process. These community-based mechanisms are prevalent due to cultural practices and practical considerations. However, they may lack formal enforcement and can sometimes infringe upon fundamental human rights. The government has been working to integrate these customary practices with the formal legal system to ensure justice and human rights protection.
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