Civil law in Turkmenistan

Individuals have full legal capacity from the age of 18. People aged 7 to 18 have limited capacity, while children under 7 generally act through legal representatives. A court may restrict or remove capacity in cases specified by law, including certain forms of psychological disorder or harmful alcohol or drug use. A legal entity obtains legal personality through state registration and entry in the Unified State Register of Legal Entities. Courts, the Ministry of Adalat and registration bodies handle the relevant procedures, with fees set by specific legislation. Contracts create obligations between the parties. The parties generally negotiate the terms, but legally required essential terms and formalities still apply. Written form, notarisation or state registration is required only where legislation requires it. Failure to perform can lead to compensation, default interest, withdrawal from the contract or court protection. Real-estate transactions and mortgages generally require notarised documents and registration in the State Register of Rights to Immovable Property. Contract claims normally have a three-year limitation period; claims connected with immovable property generally have a six-year period. Property law distinguishes state and private ownership, possession, common ownership, easements and mortgages. Land generally remains state-owned, while private ownership solutions are available only where legislation permits them for Turkmen citizens. Transfers, encumbrances and court-established rights concerning immovable property require state registration. The registration service under the Ministry of Adalat checks the title documents, identity documents, application and fee. Official information indicates that registration normally takes no more than 10 working days after document review, although the exact case and documents affect timing. Family law requires marriage to be registered by ZAGS, the civil-status registration authority. The normal marriage age is 18; a guardianship authority may reduce it by up to one year in the legally permitted circumstances. Spouses have equal rights, and property acquired during marriage is generally common joint property. A transaction involving jointly owned immovable property or another notarised or registrable disposal may require the other spouse's consent. Child support can be arranged by agreement or ordered by a court; a fixed monthly amount may apply when income is irregular, and temporary support may be available. Adoption and guardianship address children without adequate parental care. Inheritance passes under a will or by statutory order. The first statutory order includes children, including adopted children, the spouse and parents; siblings and grandparents belong to the second order. Divorced spouses do not inherit from each other as spouses. A protected share equal to one half of the statutory share applies to children, parents and the spouse in the situations covered by law, regardless of the will. An heir normally accepts the estate by declaration to the notary at the place where the inheritance opened or through actual possession and management. The usual acceptance period is six months from death. Until the period ends or a certificate of inheritance is issued, disposal is restricted apart from measures such as preservation, funeral expenses, treatment, maintenance and administration. Immovable property acquired by inheritance must subsequently be registered. Civil liability can require full compensation for material loss, including lost profit, when the legal conditions are met. Non-material rights such as honour, dignity and privacy also receive protection. A claimant normally needs to show the harmful act or breach, the loss, the relevant causal connection and the responsible party, while the affected party should take reasonable steps to limit loss where the circumstances require it. Claims for harm generally have a three-year limitation period from learning of the harm and the person responsible, subject to special rules for harm to life or health. The Civil Procedure Code covers civil, family, housing, land and special proceedings. A claim normally identifies the parties, demand, facts, evidence, supporting documents, copies, any power of attorney and proof of payment of the state fee. Etrap and city courts usually hear cases at first instance, while regional and state-city courts, the Supreme Court and the Türkmenistanyň Arbitraž kazyýeti act within their respective jurisdiction. The procedural language is Turkmen; rights to use another language and an interpreter apply under the law. Adults with capacity conduct proceedings themselves, while legal representatives act for people without or with limited capacity. The law provides for fee exemptions, deferral, instalments or reduction in qualifying cases and includes free legal assistance subject to access conditions. A судебный приказ may provide a simplified procedure for legally eligible undisputed claims; refusal can be issued within three days, and defects may have to be corrected within a maximum of three days. A final enforceable decision can lead to исполнительный лист, an enforcement document, followed by an application from the creditor. The debtor receives a voluntary compliance period of no more than one month before compulsory measures may follow. A court may enforce the decision itself or transfer it to the competent state enforcement body, including a судебный исполнитель or кazyýet ýerine ýetirijisi. Enforcement can target available assets according to law, and complaints about an enforcement decision can be brought before a court. International or foreign decisions are enforceable only under applicable treaties and Turkmen law. Court and enforcement expenses may include state fees, documented expenses and advances initially paid by the creditor, with final allocation determined under the applicable rules.