Civil law in Honduras

The Código Civil regulates legal capacity, domicile, nationality, civil status, contracts, obligations, inheritance and civil liability. The Registro Nacional de las Personas (RNP), municipal civil registries and the central archive record births, deaths, marriages, filiations and other civil-status facts. Births should be registered within six months and deaths within three months; death registration is free. A delayed birth, marriage or death record can be corrected through reposición, also without a fee. Registering a filiation may involve a public deed, a birth record, a will or a court judgment. An adoption must be entered by the RNP at least 15 days after its formalisation or protocolisation. A contract generally requires consent, a lawful cause and an object. Performance, non-performance, damages and limitation periods depend on the contract and the applicable rule. A public deed or other notarial form is required for certain transactions. Private and public documents can serve as evidence, but commercial contracts and special legislation may apply instead of the general Código Civil rules. Property transactions involve the Instituto de la Propiedad, its land registry and the national cadastral authority. A transfer normally requires a public deed, registration fees, the property-transfer tax and capital-gains tax. The registration fee is L 200 for the first L 1,000 and L 1.50 for each additional L 1,000 or fraction. A cadastral certificate does not by itself prove possession or ownership. Regional registry and cadastral offices may differ in processing time. Civil proceedings can address possession, acquisitive prescription, boundary disputes, easements, condominium ownership and division of property. Family law covers civil marriage and legally recognised unión de hecho, meaning a legally recognised domestic partnership. Marriage must be recorded in the municipal civil registry. RNP information states that a recognised unión de hecho carries the same rights and duties as marriage, while its civil effects do not arise immediately and a patrimonial community generally follows after two years. Family courts handle divorce, support, parental authority, care, contact, filiation, adoption, guardianship and incapacity. Decree 91-2026, published on June 12, 2026, repealed Article 225 of the Código de Familia, removing the former one-year limit for judicial recovery of support arrears; the general Civil Code limitation rules now apply. Inheritance may follow a valid will or the intestate rules when there is no effective testamentary disposition. The process can involve a notary, a civil court, the RNP for civil-status records and the Instituto de la Propiedad for registered assets. Questions may concern heirs, legatees, acceptance, administration, disqualification and disputes over the estate. Costs and deadlines vary with the assets, procedure and dispute. Civil liability can arise from a contract or from conduct that causes harm. A claim normally requires proof of the damage, the causal connection and the responsible conduct or breach. Common examples include traffic collisions, personal injuries, professional negligence and harm to reputation or personality rights. Limitation periods depend on the relevant rule and type of claim rather than one general period. A civil case usually begins with a written claim, followed by service, a response, evidence, hearings and a judgment. Appeals and enforcement may follow. Evidence can include documents, witness testimony, expert reports, recordings and other admissible material evaluated by the court. A Juzgado de Paz or Juzgado de Letras de lo Civil handles the case according to its nature and value. The abbreviated procedure applies to claims up to L 100,000, while the judicial guide describes a monitorio procedure for claims up to L 200,000. In monitorio cases up to L 5,000, the same guide identifies an exception to the general lawyer requirement. Service fees depend on the claim value: L 200 up to L 50,000, L 250 from L 50,000.01 to L 100,000, L 300 from L 100,000.01 to L 500,000, L 350 from L 500,000.01 to L 1,000,000 and L 400 above L 1,000,000. Up to three service attempts are provided for these fees, and correctly submitted service is intended to occur within 24 hours. Ordinary case duration has no uniform national period. Family, children’s and domestic-violence matters do not charge travel-related service fees. Conciliation and arbitration are voluntary alternatives under the Ley de Conciliación y Arbitraje. A mobile Juzgado de Paz offers an oral, informal preliminary option without requiring a lawyer. Chambers of commerce and industry in Tegucigalpa and Cortés also provide arbitration or conciliation services. The legal effect and enforceability depend on the agreement and the resulting legal title. Enforcement can use payment orders, coercive measures, seizure, a custodian and a judicial auction. For real estate, the registry records the seizure when it receives the court order; for an unregistered property, the measure takes effect from notification. A vehicle may be seized, immobilised or placed in custody. The Public Defence Service provides free advice and representation to people without sufficient means, subject to an income or lack-of-means declaration. It handles listed family matters and court-assigned civil cases and has about 35 locations, generally where a Juzgado de Letras operates. RNP services are available through civil registries in all 298 municipalities, while property services are accessed through registry and cadastral offices.