Civil law in Yemen

The Civil Code Law No. 14/2002 regulates legal capacity, contracts, property and civil liability. Legal personality begins at birth and ends at death. Births and deaths generally require official registration, while name, descent and family relationships affect later documents and claims. Minors act through legal representatives or guardians under the applicable rules. Civil Status and registration offices, courts and amins الشرعيون, who act as notaries or document officers, handle different parts of this process, but access to documents and registers is uneven. A contract normally requires an offer, acceptance, consent, parties with capacity, a defined subject and a lawful purpose. Yemen's law distinguishes valid, void, voidable and pending agreements. Sales, leases, loans, agency, mandates, partnerships and agricultural leases are common contractual forms. Contractual duties can lead to restoration or damages when a party fails to perform. Civil Code Article 356 prohibits interest-based arrangements classified as riba. Written terms, proof of payment and confirmation by an amin or other authorised body can strongly affect the ability to prove an agreement. Contract costs may include drafting, amin or notarial charges and court expenses if a dispute follows. Property rights include use, benefit from property and disposal. Civil law recognises routes such as inheritance, lawful transfer, acquisition of ownerless movable property, bringing unused land into productive use through إحياء الموات and pre-emption through الشفعة. Land practice is fragmented: parties may rely on private or unregistered documents, amin-authenticated conveyances, later court re-authentication or Land Registry records. Boundary, ownership and inheritance disputes are common practical areas of concern, and formal registration and enforcement differ substantially by region. Family matters are dealt with mainly under Personal Status Law No. 20/1992 and its amendments rather than only under the Civil Code. The law addresses nikah, wali ولاية, mahr مهر, marriage registration, divorce, khulʿ خلع, faskh فسخ, maintenance, custody, descent and a missing spouse. The official text provides for registration of a marriage contract within one week. Reported sources differ on the applicable minimum marriage age, including changes associated with the 1998 and 1999 amendments, so local authority and registration practice require case-specific checking. The law permits polygyny up to four under its text, and family rights and duties are not symmetrical between men and women in all matters. Inheritance follows Sharia-based shares and is detailed in the Personal Status Law. The estate is generally used first for funeral expenses, debts and valid dispositions, then distributed among the applicable heirs. A wasiyya وصية generally cannot exceed one third of the estate without the heirs' approval. Spouses, children, parents and siblings may have defined shares, and women are formally entitled to inheritance, although documentation, family mediation or a court claim may be needed to obtain it in practice. Civil liability covers contractual breach and taqsir, meaning harm caused outside a contract. A claimant may seek repair, return of property or money for material and non-material loss. Causation, fault or another statutory basis of liability, and any contribution by the injured party can affect the result. Unauthorised taking or use of property, including ghasb, can lead to return of the property or payment for its value and use. Evidence often determines whether a claim succeeds. Civil Procedure and Civil Enforcement Law No. 40/2002 provides the formal court path. Courts of First Instance generally hear cases first, followed by Courts of Appeal and then the Supreme Court. Civil, commercial and personal-status divisions handle different matters. A property case normally belongs before the court where the property is located; a maintenance case may be brought before the court at the claimant's or defendant's residence. A party may appear through a lawyer or authorised representative. The claimant generally carries the burden of proof, while the opposing party may take an oath in cases defined by law. Written summonses, hearings, judgments and court-approved settlements are part of the formal process. Judicial fees vary with the claim and type of case. Under the published text of Judicial Fees Law No. 26/2013, civil, commercial and administrative claims use value-based fees, including 1.5% up to YER 10,000,000 with a minimum of YER 5,000 and 1% above that amount up to YER 100,000,000. Personal-status claims are listed at YER 1,000 under Article 13. A 2026 Ministry of Justice notice in Sana'a refers to a higher civil-fee ceiling of YER 200,000, so the amount payable should be confirmed with the relevant local court. Lawyers, experts, witnesses, travel, amin services and registration create additional costs. No reliable nationwide average duration applies because court operation, security and territorial authority differ. Enforcement generally requires an enforceable judgment or another executive instrument. An execution judge or assistant may use direct execution, seizure, attachment, garnishment, judicial receivership, a travel ban or sale of attached assets. Garnishment normally requires notice to the debtor within three days. Attachment of immovable property is communicated to the Land Registry or an amin on the same or following day under the applicable procedure. Enforcement costs can include guards and other execution expenses, and actual recovery depends heavily on the territory, security conditions, court resources, possession and local power structures. Many disputes are settled outside court through family or tribal sulh صلح, elders, sheikhs, religious leaders, women mediators and community mediation committees. UNDP has reported that roughly 80% of disputes are resolved through customary or informal channels. These routes can be faster and easier to reach, but their legal force, documentation and ability to be enforced depend on the agreement, local authority and any court referral. Power imbalances, gender risks and missing records can make an informal settlement unsuitable for property, inheritance, maintenance or other claims that require a documented and enforceable result. The Supreme Judicial Council, Supreme Court, Courts of Appeal, Courts of First Instance, Ministry of Justice, Judicial Inspection Authority, legal professionals, registration offices, Land Registry and amins all have different roles, and the relevant institution depends on the territory and dispute type.