Civil law in Andorra

Andorran civil law combines the civil-law common-law tradition (dret comú) and case law with special statutory rules. Key laws concern persons and family, succession and civil procedure; further provisions regulate contracts, leases, property and liability. The consolidated legal portal (Portal Jurídic) provides consolidated versions, but the Official Gazette of Andorra (BOPA) is authoritative for the binding statutory text. A person's legal status includes civil personality, legal capacity, the age of majority, emancipation and judicial or voluntary support measures. Legal personality exists from birth until death, while the full exercise of one's own rights generally begins at the age of 18. For minors, decisions depend on age and natural maturity; the best interests of the child prevail, and a hearing is provided from the age of 12. For adults with disabilities, voluntary, judicial or de facto support may be available. Restrictions should remain narrowly limited. Births, deaths, filiation, names, nationality and certain guardianship and support measures are handled through the national civil register (Registre Civil) under the Ministry of Justice (Ministeri de Justícia); court files are held by the Court of Andorra (Batllia). There is no single general contract code. Rights and obligations arise from the parties' intention, the relevant special law and the dret comú. A contract may specify performance, evidence, termination and consequences of damage. A public deed (escriptura pública), meaning an official deed, is required where the law prescribes that form, particularly for real estate, succession agreements (pactes successoris) and certain powers of attorney. Depending on the subject matter and amount in dispute, different procedures apply; tenancy disputes have their own rules. In ordinary proceedings, the response period is 20 working days. Real estate is legally recorded through the interaction of several bodies. The cadastre (Cadastre) of the competent parish council (Comú) contains physical, legal and economic data. The notary documents the legal title and encumbrances (càrregues) such as liens (gravàmens), and reports transfers to the parish council and to the Administrative Register of Real Estate (Registre Administratiu de Béns Immobles) at the Chamber of Notaries (Cambra de Notaris). A central Property Register as the sole authoritative source has not been confirmed. Registration of real estate, legal titles, holders and changes is required. General cadastral data are freely accessible; protected data generally require the express consent of the person concerned, unless a court, notary or heir demonstrates a legitimate interest. Cadastral information creates only a rebuttable presumption and may be challenged in court with contrary evidence. In family law, a civil marriage and a canonical marriage have the same civil-law effects. Spouses have equal rights and duties. A stable partnership (unió estable de parella) is governed by Andorran law and registered in the civil register. The matrimonial property regime may be established by matrimonial agreements (capítols matrimonials); without such an agreement, separation of property (separació de béns) applies. Separation, divorce, parental responsibility, custody, maintenance, the family home and adoption follow special procedures. A defence to a claim must be filed within 13 working days. If interim measures are ordered, the main claim must follow within 20 working days. An inheritance or succession (successió) may be testamentary, intestate or contractual. Wills, inheritance agreements (heretaments) and succession agreements are regularly executed as public deeds. Children are forced heirs (legitimaris); the forced-heirship share (llegítima) is generally a claim and amounts, after deductions and attribution rules, to one quarter of the calculation base. A future waiver of inheritance is generally ineffective, except in cases permitted by law through public deeds. If there are no relatives up to the sixth degree, the State may inherit; the benefit of inventory and a judicial determination of heirs apply. Estate administration requires checking the register, family relationships, deeds and possible debts. The abolition of troncal property (Béns troncals) by Law 46/2014 and the electronic development of the national civil register must be taken into account in current matters. Civil liability may arise from a contract, a tort or a sector-specific rule. Depending on the claim, remedies may include repair, damages or reimbursement. Limitation, the burden of proof and deadlines depend on the legal basis of the claim and the contract; there is no single general period for all cases. Law 29/2025 may permit a direct action against an insurer for certain insured losses. Insurance and compulsory-insurance issues are additionally governed by the relevant sector. Civil claims begin at first instance before the Batllia. Ordinary proceedings apply where the amount in dispute is at least 20,000 euros or the amount is unspecified; the abbreviated procedure applies for a lower amount. Special procedures exist for payment orders, summary protection, tenancy, family and guardianship matters. Claims and defences are filed in writing, after which an oral hearing and taking of evidence may follow. Appeals against first-instance decisions are heard by the Civil Chamber of the High Court (Tribunal Superior de Justícia, Sala Civil). Foreign civil judgments generally require exequatur by the Batllia where no overriding treaty applies. Procedural deadlines are strict and rights may be lost once they expire. A lawyer (advocat) is generally required in civil proceedings. Exceptions include the abbreviated procedure up to 1,500 euros and certain voluntary-jurisdiction and summary-protection proceedings. A court representative (procurador) is generally optional, but required for legal persons. In addition to lawyer and court-representative costs, court fees, expert costs and procedural expenses may arise. The Regulation of 19 March 2025 governs legal aid for financially needy individuals and organisations where the statutory requirements are met. It may include legal advice and representation, court fees, security deposits, appointed experts, advances for the enforcement officer and necessary copies; it applies to declaratory proceedings and enforcement but does not create general free access to every proceeding. For compulsory enforcement, an enforceable title and an application are required. Examples include a final judgment, an arbitral award, a court-approved settlement or a mediation recorded in a public deed. The enforcement officer (saig) is the publicly appointed, independent enforcement professional and typically carries out monetary enforcement under judicial and administrative supervision. Possible measures include seizure, sale, delivery and acts or omissions; for non-monetary obligations, the court and the enforcement officer cooperate depending on the measure. An enforcement action expires 30 years after the judgment becomes final. The enforcement officer generally issues the enforcement order no later than one month after the application, unless grounds for refusal exist. Enforcement expenses and the enforcement officer's fee are governed by the state's official fee schedule (Baremen) and may require an advance. Legal remedies do not automatically stay enforcement. Civil-law questions may also be directed to the competent parish council, the civil register, the Chamber of Notaries, the Bar Association, the Association of Court Representatives, the Batllia, the High Court or the enforcement officer. Tax, immigration, administrative, consumer, employment and criminal law do not form part of civil law, but they may matter as consequences of, or necessary distinctions in, a civil-law case.