Civil law in Tajikistan

The main legislation is the Civil Code of the Republic of Tajikistan No. 1918, adopted on 22 December 2022 and in force since 1 July 2023. It recognises legal capacity from birth and full capacity at 18. People aged 14 to 18 generally act with written consent from a legal representative, while exceptions include their own wages, scholarships, other income, intellectual-property rights, bank deposits and ordinary household transactions. A person may gain full capacity from 16 through emancipation by a guardianship body or court. Children under 14 act through legal representatives, apart from limited transactions permitted by law. A court may restrict or remove capacity and appoint a guardian or custodian. Contracts form a central part of civil law. A contract usually arises from an offer and acceptance together with agreement on its essential terms. Oral and written forms are available, while notarisation or state registration applies where legislation or the contract requires it. Non-performance, delay or defective performance can lead to a demand for performance, damages, a contractual penalty called ноустуворона or termination. A transfer of debt requires the creditor's consent. Parties can seek direct settlement, notarial action or court protection. Private and state ownership are recognised, but land itself remains exclusively state-owned. Individuals and legal entities may hold registered land-use rights, including transferable rights where permitted. Local executive bodies allocate land, while the authorised registry records immovable property and related rights. Complete registration documents and the required fee normally lead to processing within no more than seven working days. Notarial fees, state duties and registration charges can apply. Family relationships are governed by the Family Code. Only a marriage registered by a Civil Status Registration body has legal effect; a religious ceremony alone does not create a registered marriage. The ordinary marriage age is 18, and a court may reduce it by no more than one year. Divorce takes place through a registration body in statutory cases and otherwise through a court. Marital property generally includes income and movable or immovable assets acquired during marriage regardless of whose name appears on the title, with equal shares as the default. Statutory child-support shares are one quarter of income for one child, one third for two children and one half for three or more children, although a fixed amount may also apply. Inheritance can follow a will or statutory succession. The first statutory line includes children, the spouse, parents and adopted children. Certain minor or incapacitated children, an incapacitated spouse or parent, and qualifying dependants may have a mandatory share of at least two thirds of the share they would receive by statute. Acceptance or renunciation normally takes place before a state notary at the place where the succession opened within six months. A court may restore the period if an application is filed within six months after the obstacle ends. An inheritance certificate is normally issued after six months, unless the absence of other heirs is reliably established earlier. Civil liability normally requires compensation for the full damage. Contractual claims may include actual loss, lost income, a penalty and performance. Separate rules address harm caused by public bodies, minors, persons lacking capacity, dangerous activities, vehicles and defective goods, works or services. Moral damage generally depends on fault, subject to statutory cases of strict liability. Courts assess proof, causation and the amount of compensation. A city or district court usually hears civil cases at first instance, with regional or Dushanbe courts and the Supreme Court handling matters assigned to them by law. Parties may agree to arbitration before a first-instance judgment. Written and electronic filing are available with a certified digital signature. Hearings use the state language or, in relevant cases, the majority local language; an interpreter may be requested, and online participation is available. State duties apply to claims, applications and appeals. The Ministry of Justice's state Center for Legal Aid provides assistance under the current legal-aid legislation for people who meet its requirements. Enforcement begins through an enforcement document and an enforcement officer of the Enforcement Service. After accepting a valid original document, the officer must initiate enforcement by the next day. Ordinary enforcement generally lasts no more than two months, while enforcement involving the sale of immovable property can last up to four months. Measures may include seizure and listing of assets, bank or property measures and auction. An immovable-property auction requires at least 30 days' notice; a bidder's advance may not exceed 5%, and the winning bidder pays within five days. Enforcement expenses and the statutory enforcement payment may be added to the debt. Complaints about an officer's decision, action or inaction follow the applicable procedural rules.