Civil law in Timor-Leste

The Civil Code covers legal personality, legal capacity, names, domicile, representation, obligations, contracts, ownership, possession, family relationships, succession and damages. The Civil Procedure Code, Decree-Law No. 1/2006 as amended by Law No. 6/2021, governs jurisdiction, pleadings, conciliation, evidence, hearings, judgments, appeals, costs and execution. The original Portuguese texts of legislation and many court or notarial documents remain authoritative in practice; Tetum and Portuguese are the official languages, and a Tetum translation may be needed for understanding or access. Civil status is recorded through the Civil Registry and conservatórias, including births, deaths, marriages and changes affecting civil status or capacity. Municipal and hospital registry posts can assist with access, although distance, missing documents and language practices may affect the process. Contracts generally depend on consent, legal capacity and good faith. A breach can lead to performance, damages or termination, and a sale of immovable property requires a public deed. Notarial or authenticated documents may also provide an enforceable title in cases allowed by law. Land and property disputes have particular practical weight in Timor-Leste. The land framework recognises and attributes first titles, records property through the Cadastro Nacional de Propriedades and addresses informal rights based on customary law and long possession. Community property, duplicate claims, dispute resolution and compensation can arise under Law No. 13/2017. Usucapião, meaning acquisition of ownership through qualifying possession, includes a special 20-year possession threshold in the relevant circumstances. Foreigners cannot own land, but may be able to lease it. DNTPSC, the land registry, notaries and courts may each have a different role. Movable assets can secure a debt through the Central de Registo de Informações sobre Garantias Mobiliárias under Law No. 6/2025, effective from 30 July 2026. Registration can establish priority, and secured claims may use judicial or qualifying extrajudicial enforcement. Family law includes marriage, divorce, filiation, parental responsibility, maintenance, adoption and guardianship. Civil registration is central evidence of family status, while Catholic or customary marriage records may need transcription. Law No. 5/2026 introduces national and international adoption procedures with administrative and judicial stages, child-best-interests safeguards, secrecy and a hearing; most of these changes take effect on 1 January 2027, while Article 75 applies immediately. Inheritance may follow a will or the statutory order for spouses, descendants, ascendants and other relatives. Rules on protected shares, estate debts, acceptance or repudiation, inventory and partition can affect the result. An uncontested estate may use notarial or Civil Registry procedures such as habilitação, while a disputed estate proceeds through court. Liability can arise from a contract or from an unlawful act involving fault or intent, damage and a causal link. Restitution for unjust enrichment has a three-year limitation period from knowledge of the relevant basis, while other limitation periods depend on the claim and applicable law. Civil cases generally begin with a claim before the competent Tribunal Judicial de Primeira Instância in Díli, Baucau, Suai or Oecusse. Jurisdiction can depend on the subject, value, territory and court level; rights in immovable property located in Timor-Leste fall under Timor-Leste's exclusive jurisdiction. The process may include conciliation, evidence, a hearing, judgment and appeal. The Tribunal de Recurso is currently the highest operational judicial instance and performs the functions assigned to the Supreme Court until that court is installed. Enforcement can attach immovable or movable property, receivables or bank deposits, but a qualifying enforcement title is required. The Ministério Público, Defensoria Pública and a private lawyer may assist with proceedings or enforcement. The Defensoria Pública provides free judicial and extrajudicial assistance to people who need support because of their economic or social situation, including legal consultation, conciliation, mediation, arbitration and representation. Court costs, registry and notarial fees and private lawyer fees usually depend on the economic value and procedure. There is no reliable national standard duration for every civil matter, so the competent office should confirm current tariffs, language requirements, filing rules and applicable deadlines. Consumer protection, labour law and criminal law may affect a dispute as adjacent areas, but they do not replace the civil-law rules governing the private relationship.