Civil law in Bolivia

A natural person acquires legal personality at birth, while a conceived child receives the legal effects that benefit it. Full capacity to act generally begins at 18, unless a specific law provides otherwise. Legal entities act through representatives under their applicable special rules. Personality rights cannot be transferred or traded; an unlawful violation can lead to an order to stop the conduct and compensation for material or moral damage. A contract normally requires consent, an object and a lawful cause. Some transactions also require a particular form or a public or private document. A valid contract binds the parties and must be performed in good faith. Breach can lead to performance, termination or damages. Nullity may be invoked by a person with a legitimate interest and the action is generally not subject to limitation, while annulability commonly concerns incapacity or defective consent and usually has a five-year period. Rescission for lesion exceeding half of the value generally has a two-year period. Property may be individual or collective and must fulfil its social function. Expropriation requires public need or utility and fair compensation. Ownership can arise through occupation, accession, usucapión, contract or succession. For urban immovable property, usucapión generally requires five years with registered good-faith title or ten years of continuous possession. Real rights in immovables become effective against third parties through registration with Derechos Reales. Urban transfers and encumbrances use the folio real, while rural titles and cadastral matters involve INRA. Collective land is inalienable, imprescriptible and not subject to seizure. PROREVI provides administrative or judicial regularisation pathways for qualifying urban property. Family law is governed separately by the Código de las Familias y del Proceso Familiar, Ley 603. Marriage and a stable, singular unión libre generally create equivalent personal and property effects. They normally require the parties to be at least 18; a 16-year-old may marry or establish such a union with the required written authorisation. A unión libre can be registered with SERECI or an indigenous authority, and an unregistered union may require judicial confirmation. Community property usually excludes assets owned before the relationship and inherited or donated assets. Family assistance covers food, health, education, housing, recreation and clothing, normally until 18 and potentially until 25 during effective technical or professional training. The amount depends on need and resources; where income does not exceed the national minimum wage, the minimum is 20% of that wage. Inheritance opens at actual or presumed death and is normally handled at the deceased person’s last domicile. Bolivia recognises legal and testamentary succession and protects forced heirs. Children collectively receive four-fifths of the estate, leaving one-fifth freely disposable; where only ascendants or a spouse inherit, the protected share is generally two-thirds. A spouse or recognised unión libre partner may inherit alongside children in an equal quota per child. Acceptance may be pure and simple or made with benefit of inventory. Pure and simple acceptance may be express or tacit and is generally limited to ten years. Registration with Derechos Reales requires the inheritance instrument, tax documents, identification and an updated folio; an opposition can suspend the notarial process and require ordinary proceedings. Civil liability generally requires unlawful damage caused intentionally or negligently. Compensation restores the loss in kind where possible and otherwise covers the loss and directly caused lost profit. Special rules may apply to parents, tutors, teachers, employers, animal or building custodians and dangerous activities. Unjust enrichment and undue payment can create restitution duties. Civil proceedings follow the principles of oralidad, legality, party disposition, judicial direction and direct hearing under Ley 439, the Código Procesal Civil. Ordinary, extraordinary, monitorio, voluntary, executive and coactive proceedings serve different claims. Prior conciliation is generally required, subject to exceptions such as incapacity, certain protective measures, insolvency and specified voluntary matters. An approved settlement has the effect of a judgment. A final judgment can generally be appealed within ten procedural days. Foreign judgments require, among other conditions, authenticity or legalisation, translation, jurisdiction, proper service, due process, finality and compatibility with public order. Enforcement begins when the successful party requests it before the court of first instance. The court cannot alter the final judgment, and ordinary or extraordinary remedies generally do not suspend execution. If no deadline is stated, the debtor may receive three procedural days to comply; continued non-payment can lead to progressive monetary sanctions, attachment and sale. An executive proceeding requires a liquid, due and enforceable debt supported by a title. The practical process often runs from document preparation to a notary or registry, mandatory conciliation where applicable, the competent Juzgado Público, judgment, registration and enforcement. Notary, tax, court and registry costs and timing vary by service, venue and caseload; no uniform national fee or duration applies to every civil matter.