Civil law in San Marino

Law 1 July 2015 no. 102 created an official Testo unico to organize civil and criminal procedure material, but the compilation has no independent normative effect. Leges Statutae, later laws and decrees, consuetudini, case law and subsidiarily ius commune must therefore be read together. The Tribunale, Commissario della Legge, Giudice d’Appello civile, Giudice per la Terza Istanza, Cancelleria Civile, Ufficiali giudiziari, Notaio, Ufficio del Registro e Conservatoria and Ufficio Tecnico del Catasto e Cartografia each handle different parts of civil-law matters. Personal-status matters are recorded through the Ufficio Stato Civile and Servizi Demografici ed Elettorali. A birth declaration is generally due within 10 days. A child may receive the paternal surname, maternal surname or both, with no more than two elements. Minors remain under parental responsibility until majority or emancipation; tutore, curatore, amministrazione di sostegno, interdizione and inabilitazione provide formal forms of representation or protection in situations defined by law. Contracts may take the form of a scrittura privata, an authenticated private document or an atto pubblico. Registration can provide a certain date, preservation and tax processing, while real-estate contracts and some long-term leases may also require trascrizione. A qualified electronic signature can satisfy a written-form requirement for a scrittura privata; failure to meet a required form can cause invalidity. Under Law 1 July 2015 no. 102, real rights generally have a 20-year limitation period and claims a 10-year period; a written formal demand can interrupt the limitation period and start a new one. The Unidroit Principles apply to certain business contracts only when the parties expressly agree to them, and that agreement does not displace mandatory rules or the competent court. Property transfers normally proceed through a public deed, authenticated private deed or judgment, followed by registration and public notice. The Conservatoria records the legally decisive ownership information, while the Catasto supports cadastral administration. A voltura should be filed within 30 days after registration; processing may take about 120 days. Typical transfer charges include a 2.5% registration tax, 1% transcription tax, 0.40% cadastral transfer charge, EUR 130 stamp duty and EUR 65 cadastral charges, with reduced first-home amounts potentially applying. Foreign purchasers may acquire some property without prior Consiglio dei XII approval, but special authorization or other restrictions can apply, particularly to non-residents. Civil marriages require publications for at least 8 days and can normally take place from the fourth day after publication; the publication remains valid for 180 days. The statutory marital regime is comunione dei beni unless the spouses choose separazione dei beni through a declaration at marriage and a register entry. Under Law 20 November 2018 no. 147, an unione civile is available to two adults of the same or different sex; separazione dei beni is the default, while comunione dei beni can be chosen. Civil-union partners have the inheritance rights granted to spouses. Judicial or consensual separation requires homologation, and divorce or cessation of civil effects can generally follow after at least two years of uninterrupted separation. The Commissario della Legge decides child-support, care and education matters according to the child's interests. Adoption normally involves one year of pre-adoptive placement and registration within five days after the decision becomes final. Marriage and civil-union charges in 2026 vary by venue and status, from about EUR 50 for residents or citizens at the Ufficio to higher charges for external venues and non-resident foreign applicants. Inheritance may follow successione legittima or successione testamentaria. The denuncia d’eredità is a tax declaration and does not itself constitute acceptance of the inheritance. It is generally due within 180 days when the death occurred in San Marino and within 360 days when the death occurred abroad. The procedure can require the registered will, bank confirmations, other asset evidence, the death certificate and, for some foreign non-residents, an atto notorio. Children inherit in equal shares under intestate succession. A surviving spouse without children generally receives full usufruct and half ownership; with children, the spouse generally receives full usufruct and a share equal to each child. A divorced spouse has no inheritance right, while a civil-union partner has the same inheritance position as a spouse. Civil liability claims seek compensation, performance or restoration. San Marino has no single general codified liability statute, so local legislation, ius commune and Giurisprudenza determine the claim. The claimant must show the damage, causal connection and supporting evidence; material and moral damage may be relevant. A civil claim can accompany a criminal case when criminal conduct also causes private damage, but the criminal-law issue remains outside this topic. Civil liability involving magistrates follows a separate special procedure. The ordinary first-instance forum is generally the Tribunale before a Commissario della Legge. Civil appeals go to the Giudice d’Appello civile, while a Giudice per la Terza Istanza hears cases allowed by law, including certain civil matters and jurisdictional challenges. Extraordinary remedies include querela nullitatis and restitutio in integrum. Proceedings may involve court files, service, certificates, non-contentious applications, appeals and administrative enforcement through the Tribunale. Court taxes, stamp and registration charges, and professional fees vary by procedure. Patrocinio gratuito may be available where financial need and a presumed reasonable basis are shown; an application pauses limitation and procedural periods, and approval can exempt the applicant from court taxes and additional procedural stamp and registration charges. Enforcement requires a titolo esecutivo, such as a judgment or another enforceable instrument. Measures can include pignoramento, sequestro and giudiziale ipoteca, with the Tribunale, Cancelleria, Ufficiali giudiziari and Conservatoria performing different functions. For family-maintenance arrears, a court may order immediate security, a judicial mortgage or direct payment by a third party after 30 days of default. The applicable procedure, costs and timing depend on the title, asset and procedural measure.