Civil law in Vanuatu

Civil-law questions in Vanuatu are handled through several legal sources and institutions rather than one comprehensive code. The Constitution is the highest law. Acts of Parliament, Court Rules, judgments and retained pre-independence law also apply. Kastom can guide ownership, family and other private matters when it is administered through recognised customary processes and does not conflict with written law, justice, morality or good order. English, French and Bislama are used in legal and administrative settings. The main institutions are the Supreme Court, Court of Appeal, Magistrates’ Courts, Island Courts, the Department of Civil Registration and Identity Management (CRIM), the Customary Land Management Office (CLMO), the Department of Lands, Survey and Registry, the Malvatumauri Council of Chiefs and the Public Solicitor’s Office (PSO). CRIM records births, deaths, marriages and adoptions. A birth is normally registered within 21 days after discharge from the health institution, with evidence from a health institution, midwife, registered medical practitioner or two witnesses. The first birth certificate is usually free. Reprints can cost 500 VT for people aged 13 to 59, or 1,000 to 2,000 VT depending on the certificate design. Contracts, debts, leases, mortgages, transfers and other private claims depend on the relevant Act, retained law and court practice. The Supreme Court can receive civil claims through its offices across Vanuatu. A Magistrates’ Court generally uses the district where a party lives, where the claim arose or where the property is located. A claim in an Island Court requires a signed written statement, copies for service and a suitable connection with the parties, business, event or customary land. Civil procedure normally includes filing, service, a response or defence, disclosure, case management, a hearing and judgment. Land has a distinctive customary structure. Constitution article 74 recognises kastom as the basis of ownership and use of land. Perpetual ownership is reserved to indigenous citizens with recognised land tenure under article 75. Customary institutions and procedures are addressed by article 78, while article 79 requires government consent for a land transaction between an indigenous citizen and a non-indigenous citizen or non-citizen. Custom land disputes may involve a nakamal, a custom area land tribunal or another recognised customary process. The CLMO supports customary land registration, dispute management and draft-lease consultation. A registered lease, rather than ordinary foreign freehold ownership, is the usual formal basis for many land transactions. Registered-lease processing is reported at about 5 to 21 days, with charges depending on the premium and annual rent; the current tariff should be checked for the specific transaction. Vanuatu recognises civil, virtual, custom and religious marriages. CRIM registration is generally targeted within 30 days. Registration of a first marriage for a citizen is free, while a foreign marriage should normally be recorded in Vanuatu within 30 days. Divorce proceeds under the Matrimonial Causes Act 1986, including cases involving a customary marriage. An adoption requires a Supreme Court Adoption Order, followed by CRIM registration and a birth certificate or National ID update; a custom adoption alone is not sufficient for international purposes. Family protection procedures are mainly governed by the Family Protection Act, although related criminal consequences belong to criminal law. Probate and estate administration fall within the Supreme Court’s jurisdiction. A typical application uses proof of death, the will where one exists, an inventory and the required sworn statement. The Judiciary’s process includes publication and an opportunity to respond; an opposition to a probate advertisement must generally be filed within 28 days after the last broadcast. Succession to customary land may depend on kastom and the relevant customary institution, so an ordinary estate summary may not answer every land question. Civil liability can arise from a contract, debt, personal injury, motor-vehicle incident or another statutory or common-law claim. Vanuatu does not have one unified tort code identified in the available official material. The court, evidence, case-management and judgment process depends on the claim and the competent court. Costs and timing vary by court, lawyer, claim type, location and complexity; no single nationwide civil-court fee or duration should be assumed. After judgment, enforcement may involve an enforcement warrant, seizure, sale or another order suited to the assets and judgment. A creditor may generally enforce an order within six years without further leave. After that period, leave is required. A judgment action has a maximum period of 12 years, while arrears of interest are subject to a six-year limit. The PSO may provide legal advice to people who cannot afford private assistance. Civil representation is subject to a merit test and a means test, including the prospects of success and an assessment of income and assets. Its offices include Port Vila, Santo and Malekula, with circuit access relevant to people living on other islands.