Civil law in Luxembourg

Civil law in Luxembourg applies to private legal relationships rather than criminal prosecution, employment law or primarily consumer-protection matters. It determines who can enter legal relationships, how contracts become binding, who owns property, how family relationships are arranged, how estates pass after death, when compensation is due and how a civil claim or enforceable debt proceeds. The civil-status system records births, marriages, divorces, adoptions, names and deaths through the relevant commune. Legal majority begins at 18. Marriage generally requires both partners to be at least 18 and at least one partner to live in Luxembourg; an exception may require authorisation from the juge des tutelles. Publication bans generally last 10 days. A Pacte civil de solidarité, or PACS, requires a shared residence, registration with the commune and contractual capacity. It is unavailable to people who are already married or otherwise partnered, protected adults and unemancipated minors. Adults who need assistance or representation may fall under sauvegarde de justice, curatelle or tutelle. Curatelle provides assistance, while tutelle provides representation. The tribunal de la jeunesse et des tutelles in Luxembourg or Diekirch is normally addressed according to the person's residence and requires a medical certificate. The Code civil regulates contract capacity, formation, binding force, breach and damages. A compromis de vente for property is generally binding between the parties. An immovable-property transfer normally requires an acte notarié and registration in the mortgage register to be effective against third parties. The notaire checks ownership, mortgages and servitudes. A civil company, including an SCI for non-commercial property holding, requires at least two members with legal capacity and publication in the RCS. A residential lease must be in writing. It normally identifies the parties, duration, cadastral reference, rent, charges and deposit. The statutory maximum rent is generally calculated at 5% of the invested capital. A rent increase may generally occur no more than once every two years and may not exceed 10% at a time. Typical termination periods are three or six months, depending on the legal and contractual situation. The Commission des loyers can handle certain residential-rent disputes. Notarial, registration and bailiff costs depend on the procedure; taxes and registration requirements may apply separately when ownership changes. Property law covers ownership, possession, usufruit, servitudes, indivision and copropriété. An extract from the cadastral record can be obtained from the Administration du cadastre et de la topographie. Property transfers are handled practically through a notary. Under a PACS, ownership follows the person's proof of acquisition; where proof cannot establish a different share, ownership is generally treated as equal. A married couple without a marriage contract is generally subject to the statutory community regime, communauté réduite aux acquêts. A notarised marriage contract can establish séparation de biens or communauté universelle. Divorce or death can therefore require a division of matrimonial assets. Family law includes same-sex and different-sex marriage, parental authority, the child's residence and contact arrangements, maintenance, divorce and adoption. The JAF deals with many disputes concerning parental authority, residence, contact and maintenance. Divorce may proceed by mutual consent or for irretrievable breakdown. Mutual-consent divorce involves an inventory, valuation and division of assets, an agreement involving an avocat à la Cour or notaire, and court approval. A divorce for irretrievable breakdown involves the JAF, provisional measures and liquidation of the matrimonial regime, with a notary where necessary. Adoption may be full or simple. A lawyer files the petition with the tribunal d'arrondissement; the Parquet gives its opinion, the matter is heard in chambre du conseil and the decision is recorded in the civil-status register. Full adoption replaces the original legal parentage, while simple adoption preserves certain family links and rights. An estate may pass under a will or intestate succession. Descendants are forced heirs. A surviving spouse is not a forced heir solely because of the marriage, but has statutory rights. If a spouse survives with descendants, the spouse may choose usufruit of the shared home or the child's share, with a minimum of one quarter. An heir generally has three months and 40 days from the death to make the relevant declaration at the greffe of the tribunal d'arrondissement. Heirs initially hold the estate in indivision and may divide it amicably through a notary or litigate at the deceased person's last domicile. A declaration of succession is generally filed with the AED within six months and details assets and debts. A death involving another country can create a longer filing period in some cases and may require conflict-of-laws or European Union rules. Civil liability may be contractual or extra-contractual. Articles 1382 and 1383 of the Code civil concern harm caused by a person's act, fault, negligence or imprudence. Article 1384 addresses responsibility for persons or things under a person's custody. A claim for réparation or damages normally requires proof of harm, a causal link and the relevant liability conditions. Limitation periods, insurance and the factual context can change the result. A civil claim does not automatically become a criminal case. The Tribunal de paix handles many civil, commercial, rental and seizure matters. It generally handles claims up to EUR 15,000, and judgments up to EUR 2,000 are generally final at first instance; appeals may be available for claims up to EUR 15,000. Rental jurisdiction can apply independently of the amount in dispute. The tribunal d'arrondissement handles first-instance matters above these thresholds and many family, inheritance and property cases. The Cour d'appel reviews the merits of an appeal. The Cour de cassation reviews questions of law and procedure rather than re-hearing the facts; a civil cassation appeal generally has a two-month time limit. An huissier de justice frequently serves citations and other documents. Choosing the wrong procedure can make a claim irrecevable. Mediation through the CMCC is available for national and cross-border civil disputes. It is confidential and normally lasts no more than three months. Starting mediation does not suspend an appeal deadline. Enforcement requires an executable title. An huissier de justice serves documents and carries out enforcement, including salary or benefit attachment, bank-account preservation and saisie-exécution. A payment order can generally be requested through the Tribunal de paix for claims up to EUR 15,000 and through the president of the tribunal d'arrondissement for higher claims. Objection and appeal periods depend on the specific act. The creditor may first demand payment amicably and then sue; the debtor may oppose or appeal within the applicable period. Bailiff costs are initially paid by the claimant and may be recoverable from a solvent losing party. Legal aid can cover judicial and out-of-court costs, including lawyer, notary, bailiff and enforcement costs, in full or in part when the applicant qualifies. Applying is free through the Bar of Luxembourg or Diekirch. Legal aid does not cover civil procedural costs or costs imposed for abusive litigation. Foreign parties and cross-border disputes may require additional conflict-of-laws, jurisdiction and service analysis.