Civil law in Liechtenstein

The legal framework includes the Allgemeines bürgerliches Gesetzbuch (ABGB), Personen- und Gesellschaftsrecht (PGR), Ehegesetz (EheG), Partnerschaftsgesetz (PartG), Sachenrecht, Zivilprozessordnung (ZPO), Ausserstreitgesetz (AussStrG) and Exekutionsordnung (EO). Lilex provides consolidated legislation and is updated regularly, but legal effect comes from legislation promulgated in the Liechtenstein Law Gazette (LGBl). The Amt für Justiz handles several civil-law functions, including the land register, land-transfer matters, legal aid, civil legal assistance and mediation. The law distinguishes natural persons from legal persons and other Verbandspersonen with legal personality under the PGR. Legal capacity begins at birth, and majority is reached at 18. Minors generally act through their legal representatives or persons with custody, while everyday transactions can follow the rules of the ABGB. An adult does not automatically lose capacity because of illness or disability. Sachwalterschaft can be ordered when a person cannot manage specific matters independently because of mental illness or intellectual disability; a court may add approval requirements only where a serious and significant risk exists. Kuratel can address conflicts of interest, absence or temporary inability to act, and a Vorsorgevollmacht can regulate representation in advance. Contracts arise through an offer and acceptance or through conclusive conduct. Consent must be free, serious, sufficiently definite and understandable. The parties owe the agreed main performance and related duties of good faith and proper conduct. If a contract is not performed, the available response can include a further period for performance, withdrawal, enforcement or damages, depending on the contract and the breach. Warranty claims apply when the performance differs from what was agreed. Consumer contracts primarily belong to consumer protection law, while ordinary private contracts remain within civil law. Property law covers ownership, co-ownership, condominium ownership, easements, real burdens, liens and other rights in rem. Rights in land are generally recorded through the land register. A written application without reservations is entered in the diary, after which the Amt für Justiz checks identity, authority to dispose and the legal basis. The real right generally arises through registration, subject to the applicable rules and good-faith protection. Basic land-register information can be available without proving an interest, while broader inspection requires a legitimate interest. A land-register extract costs CHF 10, with postal delivery costing at least CHF 20. The acquisition of domestic land, including certain co-ownership interests and rights, generally requires approval under the Grundverkehrsgesetz. The application is normally submitted to the Amt für Justiz within four months after the contract. Recognised interests can include a domestic housing or recreation need, a business location or planned construction. For a housing need, the rules include one residential property, a maximum plot size of 1,440 square metres and the possibility of establishing a future residence within three years. Land-transfer approval does not itself create the land-register entry. Family law covers marriage, registered partnerships, separation, divorce, custody, contact, child maintenance, paternity and adoption. Marriage generally requires both parties to be 18, with documents submitted between six months and three weeks before the appointment. Foreign civil-status events require recognition or registration through the Zivilstandsamt. The Landgericht handles divorce and separation matters, and simple legal information from court practitioners is free. Paternity recognition is made personally in a publicly certified declaration through the Amt für Soziale Dienste, followed by approval by the guardianship court and registration by the Zivilstandsamt. The procedure is free and usually takes about ten days; the mother can object within two years. Child maintenance is assessed according to the child's needs and the parents' circumstances. The percentage method uses 16% for ages 0 to 6, 18% for ages 6 to 10, 20% for ages 10 to 15 and 22% from age 15, with adjustments for further maintenance obligations. Maintenance can continue until the child can support themselves. The Amt für Soziale Dienste can provide free assistance with maintenance, and an unsuccessful enforcement attempt can lead to an application for maintenance advances. Adoption is in practice mainly international. The Amt für Soziale Dienste acts as the central authority and conducts the home study and suitability assessment. Adoptive parents generally need to be at least 25, with an age difference of at least 16 years. The authority fee is CHF 900, total costs are often about CHF 10,000 to CHF 20,000, and the process commonly takes about two to four years without a placement guarantee. Inheritance begins with the death of the deceased and proceeds through the non-contentious estate procedure before the Landgericht. Heirs can accept or renounce the inheritance, and a will, codicil, inheritance agreement or legacy can determine the intended distribution. If no valid disposition exists, statutory succession applies. Protected-share claims can restrict the freedom of disposition. The Einantwortungsbeschluss confirms the transfer of the estate. For land acquired through a will, codicil, inheritance agreement or legacy, the land-transfer application is submitted with the Einantwortungsbeschluss rather than when the disposition is made. Liability can arise from a contract or from an unlawful act. Claims may concern financial loss, damage to rights or personal injury, and personality rights receive protection under the ABGB and PGR. The claimant generally needs to establish the damage, causation, unlawfulness and relevant fault. Contributory negligence can reduce compensation. Genugtuung is available only where legislation permits it or the circumstances show the required special seriousness. Sector-specific strict liability and insurance liability depend on special legislation. Limitation periods and cost exposure depend on the claim and the applicable rule. The Jurisdiktionsnorm (JN) determines the competent court. The Landgericht is the first instance, the Obergericht hears appeals and the Oberster Gerichtshof is the third and final instance. The ZPO governs contentious civil disputes, while the AussStrG governs non-contentious matters such as many family, inheritance and guardianship proceedings. Submissions can be filed in writing or recorded at court; an email is not an effective filing for a specific proceeding. Mediation under the Zivilrechts-Mediations-Gesetz can offer an alternative or be ordered in suitable circumstances. A natural person can apply for Verfahrenshilfe when they cannot secure the necessary maintenance, the proposed legal action is not evidently abusive or hopeless, and the statutory conditions are met. The application goes to the first-instance court handling the case, together with a financial statement no more than four weeks old. Assistance can cover court and statutory fees and may include a court-appointed lawyer, but it does not automatically remove the risk of paying the opposing party's costs. Court, lawyer and expert fees depend on the case. Enforcement under the EO requires a due and enforceable title. The creditor applies to the Landgericht's enforcement division, which can decide on the application without a prior hearing or notice to the debtor. Measures can include wage garnishment, seizure of movable property, attachment of claims, forced sale and enforcement of delivery or an injunction. Debtors can use the objections and protections provided by the EO. Insolvency law is a separate area, although insolvency can affect enforcement. The Landeskasse may provide maintenance advances after unsuccessful enforcement of child maintenance. Cross-border civil matters can require an original or certified copy, proof that a decision is final, an apostille and a translation. The Amt für Justiz coordinates civil legal assistance through diplomatic channels, while the Landgericht and Zivilstandsamt handle matters within their respective powers. Recognition and enforcement depend on the subject, applicable treaties and the receiving authority. Translation, certification, foreign-document and court fees vary by case.