Civil law in Nepal

Nepalese civil law covers natural and legal persons, legal capacity, minority, guardianship and representation. A minor is generally a person under 18 years of age. Foreigners are generally covered unless a specific rule limits its application to Nepali citizens. A custom or tradition has no effect when it conflicts with legislation. The civil code regulates contracts, agency, leases, sales, loans and other obligations. Obligations can arise from legislation, a contract, a quasi-contract, unjust enrichment, a unilateral undertaking, a tort or a quasi-tort. The parties should perform contracts in good faith. Non-performance or delay can lead to compensation for actual loss; fraud, intent or negligence can create broader liability. The general claim period for obligations is two years, but a special statute can provide a different period. Property law covers ownership, possession, use and transfer of movable and immovable property. It also addresses family property, co-owned property and partition. The Department of Land Management and Archives and the relevant Malpot Office handle land registration matters such as नामसारी, दाखिल खारेज and रोक्का or its release. Registration fees and service charges depend on the applicable regional or local rate. A foreigner who receives immovable property through inheritance or partition generally needs Government approval for mutation, registration and the use of related income. Family law includes marriage, invalid marriage, divorce, parent-child relationships, adoption, partition and joint-family matters. Children have equal inheritance rights without gender discrimination. Family disputes are generally civil matters, while violence and criminal conduct may also fall under criminal law. Inheritance law uses the concept of अपुताली for succession and हकवाला for a person with statutory priority to inherit. Estate transfer and registration may require formal procedures, and estate debts or liabilities can affect the estate or a guardian within the limits of the code. Cross-border estates and property can also involve private international law and public-order restrictions. Civil claims are filed through a plaint, known locally as a फिरादपत्र, with evidence and the required copies. The court checks formal compliance, and the defendant may submit a response called a प्रतिउत्तरपत्र. A counterclaim may also be available. Nepal has the Supreme Court, seven High Courts with 11 benches and 77 District Courts, together with any other judicial body given jurisdiction by law. Appeals and supervisory review depend on the competent court and the applicable procedure. The claimant generally pays a court fee based on the claim, its value and the relevant schedule. A late claim can be rejected or dismissed because the limitation period, called हदम्याद, is mandatory. Case duration varies with the court, evidence, procedural issues and conduct of the parties. Mediation may be available under the Mediation Act 2068, and arbitration may be available under the Arbitration Act 2055 when an agreement or statute permits it. A rural municipality Vice-Chairperson or a municipality Deputy Mayor coordinates the local Judicial Committee, which also has two elected members. The committee receives applications, encourages mediation and can settle listed small or local disputes through a listed mediator. Specified land-encroachment and structure disputes may be subject to mediation under its legal authority. Direct filing in a court is not excluded where the committee cannot decide or no settlement is available. For a listed local dispute without a statutory limitation period, the application period is 35 days, and mediation for a specified category is targeted for completion within three months after the defendant appears. After a judgment, the तहसिल branch or तहसिलदार handles execution. The decree is generally entered in the execution register within three days. Execution can concern possession, mutation, partition, redemption, debts, damages, compensation, fines and court fees, and may require a separate application and identification of assets. The status of an appeal can affect the timing of enforcement. The Legal Aid Act 2054 and Legal Aid Rules 2055 provide a basis for advice, pleadings, representation and other legal services for economically or socially unable people. Central and District Legal Aid Committees may assist, and court-paid lawyers or pro bono mechanisms can apply to helpless, disabled, minor, poor or detained parties. Total costs can include court fees, land-registration charges, advocate or notary fees, valuation, copies, service, mediation or arbitration fees. The amount and timing depend on the claim, the responsible body, the province or local authority and the evidence required.