Features of Muluki Civil Code 2074

What is the Muluki Civil Code 2074?

The Muluki Criminal Code, formally referred to as The National Penal (Code) Act, 2017 (2074), was enacted with the purpose of establishing a unified legal structure for criminal offenses and to amend and consolidate existing legislation pertaining to such offenses.

In order to prevent and control criminal offenses while upholding moral and ethical values, decency, etiquette, and convenience, the Code has been promulgated to preserve law and order in the nation.

When was Muluki Civil Code 2074 introduced?

Muluki Civil Code, formally known as The National Civil (Code) Act, 2017 (2074) was authenticated on 16th October 2017 and came into force on 17th August 2018.

What are the Major Laws covered by the Civil Code?

Marriage Law

According to Section 67, a marriage is deemed to be established when a man and a woman accept each other as husband and wife through any form of ceremony or act. The freedom of individuals to enter into marriage and establish a family life, with marriages required to be made public regardless of the method used for their conclusion. Furthermore, family life is deemed inviolable for every individual.

Section 70 outlines the conditions under which a marriage may be contracted between a man and a woman, including mutual consent, non-relationship by blood, absence of existing matrimonial ties, and attainment of a minimum age of twenty years.

Additionally, it permits marriages within ethnic or clan customs, notwithstanding restrictions on blood relations. Section 71 prohibits marriages under certain circumstances, such as when one party is afflicted with incurable diseases, lacks reproductive capability, is mentally incapacitated, already married, pregnant, or convicted of certain crimes. It also allows aggrieved parties to void such marriages and claim compensation.

Section 72 declares marriages void if consent is absent or if they involve prohibited blood relations. However, marriages conducted within ethnic customs are exempt.

Divorce Law

Provisions Regarding Divorce Section 93 stipulates that a divorce may be initiated by mutual agreement of both spouses at any time. In circumstances outlined in Section 94, the husband holds the authority to divorce his wife without her consent, such as when she has lived separately for three consecutive years, deprives him of maintenance, inflicts severe physical or mental pain, or engages in extramarital relations.

Conversely, Section 95 grants similar rights to the wife, allowing her to seek divorce without the husband’s consent under specified conditions, including his prolonged absence or misconduct. When seeking divorce, either party must file a petition in court as per Section 96, where attempts at reconciliation through mediation are made under Section 97.

If reconciliation fails and divorce is deemed necessary, the court may grant it, as per Section 98, with a one-year waiting period if reconciliation is refused. Section 99 outlines procedures for property partition before divorce, with provisions for alimony if partition delays.

Section 100 permits courts to order lump sum or periodic alimony instead of property division. Maintenance costs for wives without property entitlement are addressed in Section 101, with exceptions for remarriage or higher wife income. Section 102 allows for agreements on property division or alimony, subject to the minor’s interests.

Adoption Law

According to Section 169, when an individual accepts another person’s child as their own, that child becomes legally recognized as an adopted son or daughter. Adoption, as outlined in Section 170, must prioritize the best interests of the child involved.

Section 171 prohibits individuals with their own children from adopting additional ones, except under specific circumstances such as judicial separation. Additionally, if a person seeks to adopt despite having biological children, they must demonstrate financial capability and obtain court permission.

Section 172 outlines who can adopt and who cannot, based on marital status, age, mental health, criminal record, and financial capacity. Consent from both parents or legal guardians is required for adoption, as per Section 175, with exceptions for certain circumstances.

Adopted children are entitled to the same rights, obligations, and responsibilities as biological children, as stated in Section 178. They may also use the surname of their adoptive parents or biological parents, as per Section 179. However, they are not entitled to claim partition share in their biological parents’ property, except in certain cases outlined in Section 180.

The adoptive parents are obliged to provide for the child’s maintenance, education, and well-being, while the adopted child must reciprocate with respect and care, as detailed in Sections 181 and 182.

Partition Law

According to Section 205, individuals such as the husband, wife, father, mother, son, and daughter are recognized as coparceners for the purpose of property allocation, while adhering to other stipulations within this Chapter.

Section 206 ensures that each coparcener has an equal entitlement to their partition share. In cases where a pregnant woman coparcener is involved, the partition considers the anticipated newborn as a coparcener, with their share reserved accordingly.

However, if the anticipated child is not born alive, their portion is distributed equally among the remaining coparceners.

Property Law

The general provisions concerning property outline fundamental principles regarding the classification, ownership, and management of various types of assets. According to Section 251, any cash, goods, or actions that can be utilized, transacted, or yield benefits are deemed as property, with goods referring to physical items capable of purchase or sale unless specified otherwise.

Furthermore, Section 252 establishes that property can be categorized as either movable or immovable, regardless of its physical or intangible nature.

Section 254 defines movable property, encompassing cash, goods, intellectual property, and other assets capable of mobility or transfer. Ownership classifications, as delineated in Section 255, include private, common, joint, community, public, government, and trust property.

Joint property, according to Section 258, pertains to assets co-owned by multiple individuals other than coparceners, with ownership rights governed by mutual agreements or default equal shares in the absence thereof.

Contract Law

According to Section 517, a contract that violates legal principles is considered void, with various circumstances leading to its invalidity such as contracts that restrain professions, trade, or marriage, contracts against public policy or morality, contracts made by incompetent parties, contracts with illegal purposes, or contracts based on mistaken facts, among others.

Voidable Contracts are initially valid but can be declared void at the discretion of the court due to coercion, undue influence, fraud, or misrepresentation. If a contract is deemed voidable, the aggrieved party has the option to either have the contract voided or demand restoration to their original position.

Until voided, a voidable contract remains enforceable like any other lawful contract, and actions taken under it are valid. However, once voided, it does not affect the rights of bona fide third parties.

What are the Features of Civil Code?

Principles of Civil Law

A. Those causing loss or damage through wrongful acts bear liability.

B. Individuals are responsible for the consequences of their wrongful acts.

C. Compensation for liability is determined as per the law.

1. Ignorance of Law: Ignorance of the law is not an excuse; individuals are presumed to have knowledge of the law.
2. Public Interest: Acts that go against public interest are not permissible.
3. Invalid Acts: Any act contrary to law is considered invalid.
4. Liability for Loss or Damage:
5. Nuisance and Damage: Actions causing nuisance, annoyance, or damage to others’ prestige, reputation, or property are prohibited.
6. Benefit from Wrong: Individuals are not entitled to benefit from their own wrongful acts.
7. Invalid Acts Against Interest: Actions against the interests of individuals under one’s guardianship, curatorship, or influence are invalid.
8. Recognition of Personality: Every person’s personality must be recognized.
9. Good Neighborhood: Maintaining good neighborhood relations to avoid causing harm to the community or neighbors is obligatory.
10. Civil Liability: Individuals cannot escape civil liability solely because criminal proceedings are initiated or not initiated against them.
11. Custom and Tradition: Customs or traditions contrary to the law are not recognized in legal proceedings.
12. Applicability to Foreigners: Unless specified otherwise, legal provisions regarding civil law apply equally to foreigners.Top of Form

Civil Rights

The Civil Rights guaranteed by the Muluki Civil Code are:

To be equal before the law:

• Every citizen shall be equal before the law.
• No citizen shall be deprived of equal protection of the law.
• Discrimination not to be made:
• No discrimination shall be made in the application of general law on various grounds.
• Discrimination is prohibited in public and private places.
• Equal remuneration regardless of sex.
• Appointment to governmental or public office without discrimination.
• Discrimination not to be deemed where special provision is made:
• Special provisions for protection, empowerment, or development of various groups not considered discrimination.
• Guarantee of freedoms and rights:
• Personal liberty protected.
• Citizens have freedoms and rights including expression, assembly, forming unions, movement, education, profession, religion, language, property, religious practices, and privacy.
• Right to privacy deemed to be violated:
• Acts violating privacy without consent are prohibited.
• Exceptions for literary, artistic purposes, or public interest.
• Right to make contract.
• No taxation except in accordance with law.
• Not to employ in work against will.
• Property not to be acquired, requisitioned, auctioned, or forfeited:
• State acquisition only for public interest and according to law.
• No auction or forfeiture of property except in accordance with law.

Natural Person

Every individual is recognized as a person immediately after birth and is entitled to exercise rights under the law for as long as they live. Upon birth, every person has the right to a name and the respectful use thereof. They also have the right to defend their name, reputation, and prestige, which cannot be transferred to others, and must not be abused by others.

Individuals reaching the age of eighteen are considered adults and legally competent to exercise their rights and fulfill obligations under the law. Persons under the age of ten, or older but unable to protect their rights due to unsoundness of mind, are deemed legally incompetent. Such individuals require a guardian or curator to act on their behalf in legal matters.

Individuals aged ten to eighteen are considered quasi-competent and may exercise rights subject to the law. However, they must obtain consent from their guardian or curator for certain actions. The address of residence is determined based on various factors, including the individual’s declaration, permanent residence, current abode, and the residence of their guardian or curator if they are incompetent or quasi-competent.

Legal Person

A body corporate established by law obtains legal personality and competency upon registration. Legal persons, once registered, can engage in various activities including property management, contract execution, statute framing, employee appointment, branch establishment, and other lawful functions.

Upon establishment, legal persons gain competency to conduct civil and commercial acts, which continues until dissolution according to the law. The address of a legal person is determined at the time of incorporation, typically based on its headquarters or main administrative office. Business activities are conducted based on decisions made by directors, who may delegate powers as necessary. Legal persons are liable for losses caused by their actions, with directors being personally liable for acts beyond the entity’s objectives or done dishonestly.

How to get File a Case as per Civil Code?

Step 1: Filing of Lawsuit/Plaint

The civil procedure commences with the submission of a lawsuit by the plaintiff. This lawsuit must detail the sought damages, identify the defendant, specify the nature of the case, and cite relevant legal provisions.

Step 2: Notice to Defendants

Upon filing, the court furnishes a copy of the lawsuit to the defendant, who then has thirty days to respond. The notice generated by the court awares the defendant’s of the lawsuit. Extensions may be granted upon request.

Step 3: Submission of Defense

The defendant presents their official response to the plaintiff’s claims in court.

Step 4: Date of Appearance

Both parties are assigned a date of appearance by the judge. Absence may be permitted with court authorization after evidence collection.

Step 5: Preliminary Court Hearing

After the submission of defense, the civil procedure progresses to a preliminary court hearing. Here, evidence and witnesses are collected and examined meticulously to ascertain the facts of the case.

Step 6: Evidence and Witness Collection and Examination

Evidence presented by both parties is examined in court. Witnesses are summoned, take an oath of truthfulness, and provide testimony. Witness examination, including direct, cross, and re-examination, is conducted to resolve conflicting evidence.

Step 7: Court Judgement

If compromise or mediation is not pursued, the judge delivers the final decision within thirty days of evidence collection.

Conclusion

The Muluki Civil Code 2074, also known as The National Civil Code Act of 2017, is a comprehensive legal framework in Nepal aimed at maintaining morality, decency, and convenience for public economic interests while fostering harmony among different castes, races, and communities. It was authenticated on October 16, 2017, and became effective on August 17, 2018.

To file a case under the Civil Code, one must follow a series of steps like filing a lawsuit, serving notice to defendants, submitting defense, appearing in court, conducting preliminary hearings, collecting and examining evidence and witnesses, and receiving a court judgment, typically within thirty days of evidence collection.