This Law approves the Civil Code of Timor-Leste, defining the transitional provisions regarding the application in time, real estate, community property, legal persons and statute of limitations, the law of obligations, the law of the family and the law of succession.
ADOPTION, PROMULGATION AND AMENDMENTS - The Civil Code repeals the Indonesian Civil Code, received and in force in the Timorese legal system under the terms of article 1 of Law No. 10/2003 of 7 August, as well as the Legal Regime for Real Estate and Leases between Private Individuals, approved by Law No. 12/2005 of 12 September. The New Civil Code of Timor-Leste was adopted on 14 September 2011.
STRUCTURE OF THE CIVIL CODE - The Code consisting of 2195 articles divided into five Books, regulates the following sectors: Book I on the General Part, which includes the Laws, their interpretation, application and legal relationships; Book II on the Right of Obligations, which includes Obligations in General and Special Contracts; Book III on the Right of Things, which includes Possession, Property Right, usufruct, use and housing, the right and land servitudes; Book IV on Family Law, which includes Marriage, filiation, adoption and maintenance; and Book V on Succession Rights, which includes successions in general, legitimate succession, legal succession and testamentary succession.
PROPERTY AND REAL RIGHTS - This Book refers to provisions on property on lands, and other real rights, common property, adverse possession and prescription. Servitudes are covered not only as real rights on land, but they might also refer to water resources. Article 45 establishes that: 1. The regime of possession, property and other real rights is defined by the law of the State in whose territory the properties are located; 2. In all matters relating to the constitution or transfer of real rights over things in transit, these are deemed to be situated in the country of destination; 3. The constitution and transfer of rights over means of transport subject to a registration regime are governed by the law of the country where the registration took place. Article 289 establishes that: 1. The rights that are not unavailable or that the law does not declare to be exempt from prescription are subject to prescription, as they are not exercised during the period established by law; 2. When, by force of law or by will of the parties, a right must be exercised within a certain period, the rules of expiry shall apply, unless the law expressly refers to the statute of limitations; 3. The rights of property, usufruct, use and housing, emphyteusis, surface and servitude do not prescribe, but may be extinguished by non-use in the cases specially provided for by law, being applicable in these cases, in the absence of provision to the contrary, the rules of expiry. Article 1207 establishes that: possession of the right to property or other real rights of enjoyment, maintained for a certain period of time, allows the possessor, to acquire the right whose exercise corresponds to his performance: this is what is called adverse possession.
INHERITANCE - Book V refers to general principles governing inheritance, particularly through succession, will and legacy. Article 1894 establishes that: 1. Successors are heirs; 2. A heir is the one who inherits the whole or a part of the deceased's property; 3. The deceased's assets is considered as heir property; 4. The usufructuary, even if his/her right affects the totality of the patrimony, is regarded as legatee; etc. Article 1559 establishes that: 1. Marriage is based on the equality of rights and duties of the spouses; 2. The lead of the family belongs to both spouses, who must agree on the direction of life in common, taking into account the good of the family and the interests of one and the other.
OBLIGATIONS AND CONTRACTS - Book II regulates contracts relating to agricultural lands and agricultural activities. Article 332 establishes that: Obligation is the legal bond by virtue of which a person is bound to another person to perform a service. Article 337 establishes that: An obligation is said to be natural, when it is based on a mere moral or social duty, the fulfillment of which is not legally enforceable, but corresponds to a duty of justice. Article 341 establishes that: 1. The contract must be punctually performed, and can only be modified or terminated by mutual consent of the contracting parties or in cases permitted by law; 2. In relation to third parties, the contract only takes effect in the cases and terms specifically provided for by law. Article 343 establishes that: 1. The constitution or transfer of real rights over a determined thing is given by the mere effect of the contract, except for the exceptions provided for by law; 2. If the transfer concerns a future or indeterminate thing, the right is transferred when the thing is acquired by the seller or determined with the knowledge of both parties, without prejudice to the provisions on general obligations and the work contract; if, however, it concerns natural fruits or component or integral parts, the transfer only takes place at the time of harvest or separation.
WATER - Article 1382 deals with the exploitation of waters, establishing that: 1. The usufructuary may, for the benefit of the land, search for groundwater through wells, mines or other excavations; 2. The improvements above referred are subject to the provisions of this code regarding the owner in good faith. Article 1448 regulates the use of water for agricultural purposes, establishing that: 1. The owner who does not have or cannot obtain sufficient water for the irrigation of his/her land, has the option of using water from neighboring lands, that are unused, paying their fair value; 2. The above mentioned provisions are not applicable to water coming from concessions, nor do they allow the exploitation of underground waters in a third-party property. Article 1449 regulates the legal servitude of waterworks, establishing that: the owners of industrial establishments, who are entitled to use private water existing in another's land, may carry out in such land the necessary works for the damming and derivation of the respective water, through the payment of compensation corresponding to the damage they cause. Article 1306 deals with private waters. Article 1451 deals with the legal servitude of an aqueduct, establishing that: 1. For the benefit of agriculture or industry, or for domestic expenses, everyone is allowed to pipe, underground or uncovered, the private waters to which they are entitled, through rural lands owned by others, not being backyards, gardens or terraces adjacent to houses housing, through compensation for the damage resulting from the work to said lands; walled farms are only subject to the charge when the aqueduct is built underground.
MINERAL RESOURCES AND MINING - Article 1380 deals with the exploitation of mines, establishing that: 1. The usufructuary of a mining concession must comply, in the exploration of the mines, with the practices followed by the respective holder; 2. The usufructuary of land where there are mining operations is entitled to amounts due to the owner of the land, either as rent or for any other title, in proportion to the time the usufruct lasts. Article 1381 deals with the exploitation of quarries, establishing that: 1. The usufructuary cannot reopen quarries without the owner's consent; but, if they are already in exploitation when the usufruct begins, the usufructuary has the option of exploring them, conforming to the practices observed by the owner; 2. The prohibition does not prevent the usufructuary from extracting stone from the ground for repairs or works. Article 1268 deals with excavations, establishing that: 1. The owner has the right to open mines or wells in his/her land and carry out excavations, as long as he/she does not deprive neighboring land of the necessary support to avoid landslides or earth displacements.
AGRICULTURE - This paragraph includes provisions relating to agricultural activities, such as Article 1302 deals with reparcelling, establishing that: 1. Re-structuring of parcels is the set of land remodeling operations aimed at putting an end to the fragmentation and dispersion of rural properties belonging to the same owner, with the aim of improving the technical and economic conditions of the agricultural holding. Article 1034 establishes that: the lease of rural lands for agricultural, livestock or forestry purposes, under the conditions of a regular exploitation, is called rural rent. Article 1035 deals with land rent, establishing that: 1. The rent is fixed in money or in kind and can be fixed or consist of a share of the fruits; 2. Only rent related to a lease for agricultural or livestock purposes can be fixed in kind; 3. The rent fixed in kind must focus on goods derived from the exploitation; 4. Unless otherwise specified, cash income is annual; if paid in kind, you will have to take into account the periodicity of the harvests.
FISHERIES - Article 1240 deals with hunting and fishing, and establishes that the occupation of wild animals that are in their state of natural freedom is regulated by special legislation.
ADOPTION, PROMULGATION AND AMENDMENTS - The Civil Code repeals the Indonesian Civil Code, received and in force in the Timorese legal system under the terms of article 1 of Law No. 10/2003 of 7 August, as well as the Legal Regime for Real Estate and Leases between Private Individuals, approved by Law No. 12/2005 of 12 September. The New Civil Code of Timor-Leste was adopted on 14 September 2011.
STRUCTURE OF THE CIVIL CODE - The Code consisting of 2195 articles divided into five Books, regulates the following sectors: Book I on the General Part, which includes the Laws, their interpretation, application and legal relationships; Book II on the Right of Obligations, which includes Obligations in General and Special Contracts; Book III on the Right of Things, which includes Possession, Property Right, usufruct, use and housing, the right and land servitudes; Book IV on Family Law, which includes Marriage, filiation, adoption and maintenance; and Book V on Succession Rights, which includes successions in general, legitimate succession, legal succession and testamentary succession.
PROPERTY AND REAL RIGHTS - This Book refers to provisions on property on lands, and other real rights, common property, adverse possession and prescription. Servitudes are covered not only as real rights on land, but they might also refer to water resources. Article 45 establishes that: 1. The regime of possession, property and other real rights is defined by the law of the State in whose territory the properties are located; 2. In all matters relating to the constitution or transfer of real rights over things in transit, these are deemed to be situated in the country of destination; 3. The constitution and transfer of rights over means of transport subject to a registration regime are governed by the law of the country where the registration took place. Article 289 establishes that: 1. The rights that are not unavailable or that the law does not declare to be exempt from prescription are subject to prescription, as they are not exercised during the period established by law; 2. When, by force of law or by will of the parties, a right must be exercised within a certain period, the rules of expiry shall apply, unless the law expressly refers to the statute of limitations; 3. The rights of property, usufruct, use and housing, emphyteusis, surface and servitude do not prescribe, but may be extinguished by non-use in the cases specially provided for by law, being applicable in these cases, in the absence of provision to the contrary, the rules of expiry. Article 1207 establishes that: possession of the right to property or other real rights of enjoyment, maintained for a certain period of time, allows the possessor, to acquire the right whose exercise corresponds to his performance: this is what is called adverse possession.
INHERITANCE - Book V refers to general principles governing inheritance, particularly through succession, will and legacy. Article 1894 establishes that: 1. Successors are heirs; 2. A heir is the one who inherits the whole or a part of the deceased's property; 3. The deceased's assets is considered as heir property; 4. The usufructuary, even if his/her right affects the totality of the patrimony, is regarded as legatee; etc. Article 1559 establishes that: 1. Marriage is based on the equality of rights and duties of the spouses; 2. The lead of the family belongs to both spouses, who must agree on the direction of life in common, taking into account the good of the family and the interests of one and the other.
OBLIGATIONS AND CONTRACTS - Book II regulates contracts relating to agricultural lands and agricultural activities. Article 332 establishes that: Obligation is the legal bond by virtue of which a person is bound to another person to perform a service. Article 337 establishes that: An obligation is said to be natural, when it is based on a mere moral or social duty, the fulfillment of which is not legally enforceable, but corresponds to a duty of justice. Article 341 establishes that: 1. The contract must be punctually performed, and can only be modified or terminated by mutual consent of the contracting parties or in cases permitted by law; 2. In relation to third parties, the contract only takes effect in the cases and terms specifically provided for by law. Article 343 establishes that: 1. The constitution or transfer of real rights over a determined thing is given by the mere effect of the contract, except for the exceptions provided for by law; 2. If the transfer concerns a future or indeterminate thing, the right is transferred when the thing is acquired by the seller or determined with the knowledge of both parties, without prejudice to the provisions on general obligations and the work contract; if, however, it concerns natural fruits or component or integral parts, the transfer only takes place at the time of harvest or separation.
WATER - Article 1382 deals with the exploitation of waters, establishing that: 1. The usufructuary may, for the benefit of the land, search for groundwater through wells, mines or other excavations; 2. The improvements above referred are subject to the provisions of this code regarding the owner in good faith. Article 1448 regulates the use of water for agricultural purposes, establishing that: 1. The owner who does not have or cannot obtain sufficient water for the irrigation of his/her land, has the option of using water from neighboring lands, that are unused, paying their fair value; 2. The above mentioned provisions are not applicable to water coming from concessions, nor do they allow the exploitation of underground waters in a third-party property. Article 1449 regulates the legal servitude of waterworks, establishing that: the owners of industrial establishments, who are entitled to use private water existing in another's land, may carry out in such land the necessary works for the damming and derivation of the respective water, through the payment of compensation corresponding to the damage they cause. Article 1306 deals with private waters. Article 1451 deals with the legal servitude of an aqueduct, establishing that: 1. For the benefit of agriculture or industry, or for domestic expenses, everyone is allowed to pipe, underground or uncovered, the private waters to which they are entitled, through rural lands owned by others, not being backyards, gardens or terraces adjacent to houses housing, through compensation for the damage resulting from the work to said lands; walled farms are only subject to the charge when the aqueduct is built underground.
MINERAL RESOURCES AND MINING - Article 1380 deals with the exploitation of mines, establishing that: 1. The usufructuary of a mining concession must comply, in the exploration of the mines, with the practices followed by the respective holder; 2. The usufructuary of land where there are mining operations is entitled to amounts due to the owner of the land, either as rent or for any other title, in proportion to the time the usufruct lasts. Article 1381 deals with the exploitation of quarries, establishing that: 1. The usufructuary cannot reopen quarries without the owner's consent; but, if they are already in exploitation when the usufruct begins, the usufructuary has the option of exploring them, conforming to the practices observed by the owner; 2. The prohibition does not prevent the usufructuary from extracting stone from the ground for repairs or works. Article 1268 deals with excavations, establishing that: 1. The owner has the right to open mines or wells in his/her land and carry out excavations, as long as he/she does not deprive neighboring land of the necessary support to avoid landslides or earth displacements.
AGRICULTURE - This paragraph includes provisions relating to agricultural activities, such as Article 1302 deals with reparcelling, establishing that: 1. Re-structuring of parcels is the set of land remodeling operations aimed at putting an end to the fragmentation and dispersion of rural properties belonging to the same owner, with the aim of improving the technical and economic conditions of the agricultural holding. Article 1034 establishes that: the lease of rural lands for agricultural, livestock or forestry purposes, under the conditions of a regular exploitation, is called rural rent. Article 1035 deals with land rent, establishing that: 1. The rent is fixed in money or in kind and can be fixed or consist of a share of the fruits; 2. Only rent related to a lease for agricultural or livestock purposes can be fixed in kind; 3. The rent fixed in kind must focus on goods derived from the exploitation; 4. Unless otherwise specified, cash income is annual; if paid in kind, you will have to take into account the periodicity of the harvests.
FISHERIES - Article 1240 deals with hunting and fishing, and establishes that the occupation of wild animals that are in their state of natural freedom is regulated by special legislation.
This Civil Code repeals the Indonesian Civil Code, in force in the Timorese legal system, under the terms of article 1 of Law No. 10/2003 of 7 August. In addition, it repeals Law No. 12/2005 of 12 September, on the Legal Regime for Real Estate and Leases between Private Individuals. As well as all legal provisions contained in legislation prior to the entry into force of this Code enshrining solutions contrary to those adopted in the Civil Code.
Title:
Law No. 10/2011 approving the Civil Code.
Country:
Timor-Leste
Type of document:
Legislation
Date of text:
2011
Files:
Repealed:
No