Civil Procedure Code at Myanmar

Myanmar's civil litigation is primarily governed by the Code of Civil Procedure (1909), which has undergone various amendments over time. The most recent significant amendment was enacted by the State Administration Council Law No. 58/2021 on October 11, 2021. This amendment introduced mediation as a formal avenue for dispute resolution in civil cases. (The Code of Civil Procedure (1909) - Myanmar Law Library, Laws Amended: SAC Amended Code Of Civil Procedure And Interpretation Law | Myanmar International TV, Myanmar allows courts to refer matters to mediation in amended Code of Civil Procedure : Allen & Gledhill)

๐Ÿงพ Key Features of the Code of Civil Procedure

Jurisdiction of Courts: Section 9 of the Code stipulates that courts have jurisdiction to try all suits of a civil nature, except those where their cognizance is expressly or impliedly barred. (The Code of Civil Procedure (1909) - Myanmar Law Library)

Place of Suing: Section 15 mandates that every suit shall be instituted in the court of the lowest grade competent to try it. Section 16 specifies that suits related to immovable property should be instituted in the court within whose jurisdiction the property is situated. (The Code of Civil Procedure (1909) - Myanmar Law Library)

Mediation: The 2021 amendment allows courts to refer civil cases to mediation. Mediation proceedings are confidential, and any communications made during mediation are not admissible in subsequent hearings. If parties reach an agreement through mediation, they must apply to the court to verify and formalize the agreement. (Myanmar allows courts to refer matters to mediation in amended Code of Civil Procedure : Allen & Gledhill, Myanmar allows courts to refer matters to mediation in amended Code of Civil Procedure : Allen & Gledhill)

๐Ÿ“„ Accessing the Code

The full text of the Code of Civil Procedure (1909), including the 1958 edition and subsequent amendments, is available in English and Burmese. You can access it through the following resources: ("The Myanmar Code" Vol. XII (full text) | Online Burma/Myanmar Library)

Burma/Myanmar Code of Civil Procedure (1979 Edition)

The Myanmar Code Vol. XII (Full Text)

Myanmar Law Library โ€“ Law No. 58/2021

 

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