Civil law in Nicaragua

A natural person acquires legal existence at birth, and natural and legal persons can generally hold rights and duties under the Código Civil. Civil-status matters include birth registration, recognition of parentage, marriage, stable de facto union and death records. The Registro del Estado Civil de las Personas operates through municipal Alcaldías under the normative and central responsibility of the Consejo Supremo Electoral. Administrative or judicial rectification may be available when a record contains an error. Marriage or stable-union matters may involve a Family Court, a Local or Single Civil Court, an authorised Notario Público or, in the Costa Caribe, a territorial or communal authority. Contracts create obligations through law or the parties' agreement. The subject must be certain and legally possible, and a valid contract normally binds the parties like law between them. The required form depends on the transaction and the applicable law. Parties may negotiate, sign a private instrument where legally valid or execute an escritura pública before a Notario Público, then perform the agreed duties. A breach can lead to a claim for performance or damages. Mediation through DIRAC may take place before or during a civil case, including in some enforcement matters, and arbitration is available when the parties have agreed to it. Property law distinguishes movable and immovable goods, ownership, possession, co-ownership, easements, usufruct and public or national assets. Nicaragua recognises private, public, cooperative, associative, community, family and mixed forms of property. Registration gives publicity to rights but unregistered possession does not automatically create a registered title. A typical property transaction may require a title or escritura, tax and cadastral checks and registration with the relevant Registro Público. SINARE, the Registro Público de la Propiedad, the Registro de Garantías Mobiliarias and interfaces with Catastro and INETER can be relevant. Registration, notarial and cadastral charges vary locally, and processing times do not follow one uniform national schedule. Positive prescription can lead to acquisition of ownership and negative prescription can end a claim; the ordinary limitation period is 10 years, while special periods differ by claim. Family matters are governed mainly by the Constitution and Ley 870, the Código de Familia, rather than only by the older family provisions of the Código Civil. A stable, notorious and singular union generally requires at least two consecutive years and can be declared by public deed or judicial recognition. Unless valid capitulaciones establish another regime, the default economic regime is separation of property. Support duties can cover children under 18, students up to 21 under the statutory conditions, persons with disabilities, a spouse or partner and needy relatives. Family proceedings may combine dissolution, support, custody, parental relations and division of common property. Family Courts, Local Courts, authorised notaries and, in the Costa Caribe, territorial or communal authorities may have different roles. Inheritance opens at death or presumed death and is generally handled according to the deceased person's domicile, with jurisdiction normally connected to the last domicile. Nicaragua recognises testamentary and intestate succession. Relevant terms include heirs, legatees, the surviving-spouse share, a surviving stable partner, an executor and partition of the estate. A will is personal and revocable and usually follows formalities involving a Notario Público and witnesses. The process can include a will or declaration of heirs, an inventory, partition and registration with the Registro Público de Personas or Registro Público de la Propiedad. The order of succession can involve descendants, ascendants, collateral relatives, a spouse or stable partner and, where applicable, the municipality. Civil liability concerns compensation or other civil consequences when a contract is breached or when negligence causes damage. Contractual and non-contractual liability are distinct, although both can lead to damages. Claims depend on proof of the conduct, damage, causal connection and any applicable defence. Specific liability claims involving persons or animals may prescribe one year from the damage, while general and special periods vary. Civil obligations arising directly from a crime or offence may also involve the Código Penal, which is outside the primary scope of this civil-law coverage. Civil proceedings are governed mainly by Ley 902, the Código Procesal Civil. The court structure includes the Supreme Court, Tribunales de Apelaciones, Juzgados de Distrito and Juzgados Locales. District Courts generally hear ordinary, inestimable and remaining first-instance matters and appeals. Local Courts handle summary proceedings, monetary monitorio claims and other matters assigned by law. Proceedings combine written and oral elements and are generally public, direct, concentrated and adversarial. Evidence, precautionary measures, ordinary, summary and monitorio proceedings, voluntary proceedings and appeals are available according to the claim. A lawyer is generally required, although form-based summary and monitorio proceedings can have exceptions. Justice itself is public and free, but private lawyers, notaries, experts, registries and other services can create costs. There is no reliable uniform national duration for every case. Enforcement begins with a final judgment or another enforceable title. The creditor can request forced execution, identification and seizure of assets, registration of an attachment against immovable property, valuation, sale or auction and distribution of the proceeds. The competent civil or enforcement court controls the process, while the Registro Público records relevant measures. Debtors retain procedural defences, and assets protected by law cannot be seized. Court, notarial, registry and expert expenses and the duration of enforcement depend on the case and the assets involved. Access, fees and practical timing can also differ between municipalities, courts, registration offices and Costa Caribe authorities.