[OOC] Drafting Thread - Civil Act

[Alduria]

Figured I'd loop as many people as possible intro drafting this Act.

[Alduria]

Some general thoughts (take 'em or leave them - either way is okay, haha):

ORGANIZING THE CIVIL CODE - These are some general thoughts on how to divide. This doesn't mean we have to draft everything listed below, but I am just painting an overarching organizational system moving forward.

Divide into several parts:

PART ONE: General Provisions - basic law principles that apply generally such as source of law, etc.

1. Common provisions (source of law)
   
2. Persons
   • capacity
     
   • domicile
     
   • absence and disappearance
     
3. Juristic persons
   • incorporation
     
   • organization
     
   • dissolution
     
   • penal provisions
     
4. Things
   
5. Juristic acts
   • general provision
     
   • declaration of intention
     
   • agency
     
   • nullity and voidance
     
   • conditions and time
     
6. Period
   
7. Extinctive prescription
   

PART TWO: Property rights - we should do ours influenced by Roman law (we'll call that Alexandrian/Caputian) and by Babhkan law. 

1. Possessory right
   
2. Ownership (limitation of ownership, acquisition of ownership, joint ownership)
   
3. Superficies
   
4. Right of retention,
   
5. Pledge
   • pledge of movables
     
   • pledge of rights
     
6. Mortgage
   

PART THREE: Claims - contract, management of affairs, unjust enrichment and tort. Contract part covers formation of a contract, offer, and acceptance and the kinds of contracts, gift sale, and exchange, etc. In tort part, torts and damages are defined. Definition of tort in Aldurian law: "any person who causes losses to or inflicts injuries on another person by an unlawful act, willfully or negligently shall be bound to make compensation for damages arising therefrom".

1. General provisions
   • subject of claim
     
   • effect of claim
     
   • several obliges and obligors
     
   • assignment of claim
     
   • assumption of obligation
     
   • extinction of claim
     
   • debts and payable order
     
   • debts payable to bearer
     
2. Contract
   • general provisions
     
   • gift
     
   • sale
     
   • effect of sale
     
   • contract of exchange
     
   • loan for consumption
     
   • lease
     
   • contract of employment
     
   • contract for work
     
   • advertisement for a prize contest
     
   • mandate
     
   • bailment
     
   • partnership
     
   • life annuity
     
   • compromise
     
3. Management of affairs
   
4. Unjust enrichment
   
5. Torts
   

PART FOUR: RELATIVES - Family law. Define marriage, parents and children, adoption, and the like.

1. General provision
   
2. Scope of family members and surname and origin of the surname of a child
   
3. Marriage
   • matrimonial engagement
     
   • formation of marriage
     
   • nullity and annulment of marriage
     
   • effect of marriage
     
   • divorce
     
4. Parents and children
   • children of natural parent
     
   • adoption
     
   • parental authority
     
5. Guardianship
   • duties of guardianship
     
   • termination of guardianship
     
6. Family council/associations/groups
   
7. Support
   

PART FIVE: Inheritance

1. Inheritance
   • general provisions
     
   • inheritor
     
   • effects of inheritance
     
   • acceptance and renunciation of inheritance
     
   • separation of property
     
   • absence of inheritor
     
2. Wills
   • general provisions
     
   • forms of wills
     
   • effect of wills
     
   • execution of wills
     
   • withdrawal of wills
     
3. Legal reserve of inheritance
   

 

[Alduria]

SOURCES:

• Egyptian Civil Code: https://en.wikipedia.org/wiki/Egyptian_Civil_Code
  
• Napoleonic Code: https://en.wikipedia.org/wiki/Napoleonic_Code
  
• Law of Puerto Rico: https://en.wikipedia.org/wiki/Law_of_Puerto_Rico
  
• Civil Code of Spain: https://en.wikipedia.org/wiki/Civil_Code_of_Spain
  
• Civil Codes for US states: https://www.law.cornell.edu/wex/table_civil_code 
  
• Civil Code of the Islamic Republic of Iran: https://www.refworld.org/pdfid/49997adb27.pdf
  
• Hawaiian Kingdom Civil Code: https://www.hawaiiankingdom.org/civilcode/
  
• Civil Code of the Philippines: http://www.chanrobles.com/civilcodeofthephilippines.htm