Civil law in Brunei

Brunei has no single Civil Code. The applicable system combines written Bruneian legislation with the common law of England, equity and certain laws of general application under the Application of Laws Act Cap. 2, insofar as local circumstances and customs allow. For legal transactions, the Contracts Act Cap. 106 and supplementary common-law rules address, among other things, offer, acceptance, agreement, consideration, consent and free consent. Coercion, undue influence, fraud and mistake may affect validity. Capacity to enter into a contract is governed by the applicable law on majority, mental capacity and statutory exclusions; the reviewed source does not establish one uniform age. The Sale of Goods Act Cap. 170 concerns contracts for the sale of goods, the Unfair Contract Terms Act Cap. 171 limits certain exclusions of liability, and the Electronic Transactions Act Cap. 196 governs electronic records, signatures and security requirements. In cases involving bad faith or breach of contract, the Specific Relief Act Cap. 109 may also make specific remedies, trust claims and fiduciary claims relevant. Arbitration offers private dispute resolution with court support for proceedings and enforcement. Land is administered under the Land Code Cap. 40 through state land allocation, registered titles, transfers, charges, leases, subleases and subdivisions. The land registry authority (Land Department) or the Land Officer checks registration against the prescribed document and an extract of title. For many land transactions, prior written approval from His Majesty in Council is generally required. Under certain conditions, an exception applies to a lease or sublease for no more than seven years to a person with no prior interest in land. The Land Code (Amendment) Order 2025 has applied since 1 August 2025 and changes rules for non-citizens; an arrangement through a nominee or trust structure is not provided for. In the case of inherited freehold land owned by a non-citizen, a sale to a Bruneian citizen or conversion to leasehold may be required within a period of at least ten years. Before buying, inheriting, mortgaging or renting land, status, title and registered charges should be checked with the relevant land authority. Family law is divided among different procedures depending on religious affiliation and the form of marriage. Civil or church marriages fall under the Marriage Act Cap. 76 and the Registration of Marriages Act. Muslim marriages are governed by the Islamic Family Law Act Cap. 217 and the Syariah system; this includes marriage, talaq, annulment, maintenance, hadhanah, legitimacy and harta sepencarian. Applications for Muslim marriage typically go through Islamic marriage channels (4PROI and PPPPROI) and may involve questions concerning bermastautin, bermukim, wali or wali Hakim. In cases involving non-Muslim children, the child’s welfare is the primary consideration under the Guardianship of Infants Act Cap. 191; the father does not automatically take priority over the mother. The Adoption of Children Act Cap. 205 provides a non-Muslim route for an unmarried child under 18 through an adoption order of the High Court. The dissolution of a civil or church marriage takes place under the Dissolution of Marriage Act Cap. 165 before the High Court where neither spouse is Muslim and there is a sufficient connection with Brunei or ordinary residence for at least twelve months. For Muslim marriages, Syariah law governs divorce, maintenance, custody and division of property. Child maintenance may include accommodation, clothing, food, medical care and education. In inheritance matters, the authorities also distinguish between Muslim and non-Muslim estates. Non-Muslim wills are governed by the Wills Act Cap. 193 and require a written declaration and proper signature before two witnesses; a will made by a minor is invalid. For Muslims, the Syariah High Court examines testamentary powers and Islamic inheritance shares (Faraidh). It may also decide matters involving harta sepencarian, hibah, waqaf and certain gifts made during serious illness. The Probate Office and the High Court issue a probate grant (Grant of Probate) where there is a valid will, and an administration letter (Letter of Administration) without a will to eligible relatives or other suitable administrators. For an estate below BND 25,000, a simplified estate grant (Summary Grant) may be considered. Muslim estates typically require an inheritance order and declarations or consents; non-Muslim estates may also require declarations and consents. Debts and estate costs are taken into account before the remaining assets are distributed. An executor or administrator collects and values the assets, settles liabilities, distributes the remainder and keeps records. Opening a probate file costs BND 160, an affidavit costs BND 5 per applicant and the stamp fee is BND 1; further fees depend, among other things, on the value of the estate. A foreign grant of representation may be resealed under certain conditions. Damages claims often arise from common-law torts such as negligence, nuisance or trespass. The Fatal Accidents and Personal Injuries Act Cap. 160 may give relatives a claim after a fatal wrongful act and also regulates certain personal injuries. The injured person’s contributory responsibility and the applicable limitation period under the Limitation Act Cap. 14 may restrict enforcement. In a breach-of-contract case, the contractual cause of action is central; where general duties of care have been breached, tort law is more likely to apply. The civil courts include the Supreme Court, with the Court of Appeal and High Court, the Intermediate Court and the Subordinate Courts. The High Court has original unlimited jurisdiction. The Intermediate Court typically handles monetary claims from BND 50,001 to BND 300,000, the Magistrates’ Court claims from BND 10,001 to BND 50,000, and the small-claims body (Small Claims Tribunal) monetary claims up to BND 10,000. The Magistrates’ Court may have jurisdiction where there is a connection with Brunei or where the defendant lives or carries on business. Disputes concerning the return or division of immovable property, certain claims for specific performance or rescission, trust instruments, probate and the interpretation of wills do not fall within every jurisdiction of the Magistrates’ Court. An ordinary civil claim usually begins with a Writ of Summons and Statement of Claim. Self-represented parties may file through the Service Bureau or by email; lawyers use electronic filing. The tribunal is designed for personal filing and proceedings without legal representation. Before a decision, a Registrar provides advice; if settlement fails, adjudication follows. The procedure may be used for a claim up to BND 10,000, and its limitation period is twelve calendar months from the date the claim arose. The fee for consumers is BND 10 for claims up to BND 5,000 and BND 20 for claims above BND 5,000 up to BND 10,000. For other claimants, the fees are BND 50 and BND 100 respectively. A process server costs BND 20 for up to eight kilometres and BND 40 beyond that distance; these fees are not refundable. Mediation is voluntary, confidential and without prejudice; an agreement may become enforceable as an agreed court order (consent order). An appeal from a decision of the Magistrates’ Court may be filed with the High Court. If a civil judgment remains unpaid, the creditor may apply for a judgment-debtor examination summons (Judgment Debtor Summons), an examination of the debtor’s financial position, instalment payments or an agreed court order. Other measures include attachment and sale, a third-party debt order (garnishee order) against a bank or another person owing money to the debtor, and an imprisonment order for non-payment (committal). After a payment default of more than six months, court leave (leave) may be required for certain enforcement steps. In a third-party debt procedure, a provisional third-party debt order (Order Nisi) is issued first; an affidavit and service at least seven days beforehand form part of the procedure. Imprisonment for non-payment requires proven ability to pay together with deliberate refusal or neglect and may last no more than 30 days. A deposit of BND 600 for maintenance is also provided for; the debt remains despite the imprisonment. Necessary clothing, cooking utensils, a bed and bedding, and work, agricultural or fishing equipment may be protected. Depending on the matter, relevant authorities include the Judiciary with its Registries, Bailiff and Sheriff, the Syariah courts, the land authority, Marriage Registrars, the Probate Office and the Attorney General’s Chambers.