Civil law in Bhutan

The 2008 Constitution protects, among other things, life, liberty, security, equality, privacy, the family, property, and the right to a fair hearing. Bhutanese citizens may acquire property; the transfer of land and other immovable property to non-Bhutanese is governed by Acts of Parliament. Legal protection is available to persons within Bhutan and within Bhutanese judicial jurisdiction. A Jabmi can generally be chosen freely. For contracts, an agreement becomes an enforceable contract through free consent, lawful consideration, and a lawful contractual purpose. The contracts statute (Contract Act 2013) governs, among other things, void agreements, breaches of contract, damages, and quasi-contractual claims. The additional goods-sales statute (Commercial Sale of Goods Act 2001) also applies to sales of goods. Costs and duration depend on the contract and the proceedings. Land rights are evidenced mainly through the state land register (Thram) and the cadastral map; the land-register record (Lag Thram) is a central form of evidence. The National Land Commission is the highest authority for land decisions. Land disputes may concern ownership, transfers, mortgages, inheritance, boundaries, or leases. In case of mortgage default, a court may issue a decision under which the Commission carries out the transfer. Where the state acquires property for a public purpose, the Constitution provides for reasonable compensation. Tenancies fall under the tenancy statute (Tenancy Act 2015). Tenancy agreements should be in writing, rent is generally agreed, and payment must be made no later than the fifth day of the following month; the landlord must issue receipts. A rent increase is permitted no earlier than after two years and by no more than ten percent. Disputing parties should first seek an amicable solution; thereafter, the dispute settlement body (Dispute Settlement Committee) at the relevant district (Dzongkhag), the relevant local administrative area (Gewog), or the relevant municipality (Thromde) may be involved. For current legal recognition of a marriage, a court-issued marriage certificate (Marriage Certificate) is decisive. A marriage between a Bhutanese person and a non-Bhutanese person requires court proceedings, two guarantors, and the prescribed supporting documents and forms. A divorce is concluded by a court document, the divorce instrument (Yikthi); without a Marriage Certificate, the court does not issue a divorce certificate. Family law also governs custody, child support, and the division of shared expenses and assets. Adoptions are overseen by the national commission for women and children (National Commission for Women and Children) and require, among other things, consents, an assessment, consideration of the child's wishes, and a court adoption order. The inheritance statute (Inheritance Act 1980) governs inheritance, separation from the shared household, and the division of property. The household concept (joint family), the principal household (main house), subsistence land (Toshing), and Thram play a role. A legacy or partition requires a written document, a court stamp, and three unrelated witnesses. Inherited land must be registered through the judicial and land-registry procedures; otherwise, it may be treated as Toshing. For persons living separately and membership in a joint family, ten-year rules apply, among others. Non-Bhutanese cannot inherit land. Given the age of the statute, the specific case must be reviewed. The civil-liability statute (Civil Liability Act 2023) governs compensation for harm to people or property where a statutory duty was breached. In negligence cases, the existence of a duty, breach of duty, foreseeable risk, causation, and harm are examined in particular. A court may supplement civil relief where a special law does not provide sufficient relief. Criminal law and consumer protection remain separate areas of law. Civil claims generally begin with filing and registration, followed by service, taking of evidence, and a hearing. Depending on the case, jurisdiction lies with the Supreme Court, High Court, Dzongkhag Courts, or Dungkhag Courts. A judgment may be issued summarily, in default proceedings, or following a negotiated settlement. An appeal from a Dzongkhag Court judgment goes to the High Court, and an appeal from a High Court judgment goes to the Supreme Court. An appeal against a final judgment must be filed within ten days; security may be required. While an appeal is pending, damages and settlements may be stayed, while an injunction remains in force. The alternative-dispute-resolution statute (Alternative Dispute Resolution Act 2013) enables, in particular, negotiation and arbitration. The national alternative dispute resolution centre (Bhutan Alternative Dispute Resolution Centre) is an independent legal person and may charge service fees. The High Court recognizes and enforces foreign arbitral awards; an appeal against recognition may be filed with the Supreme Court within ten working days. Court judgments, settlements, and recognized arbitral awards are enforced through formal court procedures. The enforcement unit (Enforcement Unit) at the Thimphu Dzongkhag Court supports enforcement. No uniform enforcement period is established. Court costs may arise; the appeal guideline (Guideline on Appeal 2022) states that, in certain cases involving an appeal by a single party that is dismissed or upheld, the fee for an appeal to the Supreme Court is 45,000 ngultrum, and reasonable additional costs may arise.