1. Civil Code and Its Fundamental characteristics
Ram Krishna Timalsena, PhD
Executive Director, National Law College

2. Context Development of Civil Code Nature and Scope
Characteristics of Civil Law
New Addition and features
Challenges and opportunities to implement

3. Nature and Scope of Civil Code
Civil code as the constitution of the civil society
Basic law in the national legal system
It provides basic rights of citizens
right to personality
Rights of family members
Various rights of property
It is the symbol of national unity
Pillar of democratic legal regime

4. Codification of Civil Law in New Context
Codification of Nepalese Civil Law
Importance of Codification
Uniform Civil Code

5. Characteristics of the Nepali Civil Code
Amendment, Consolidation, Repeal and New Introduction
Coordination of the International standard s with the traditional values
Combination of civil law and common law
Drafting process and enactment

6. Governance Reform through Legal Reform
Creating Democratic Institutions
Maintaining Rule of Law
Meeting International standard
Economic development through legal reform
Restructuring society through social justice
Rearranging family law
Consolidation, amendment and new addition in the existing system
Including private international law in the domestic legal domain

7. THE PROBLEM of Civil Justice
Lord Woolf identified in our present system were that it is:
(a) too expensive in that the costs often exceed the value of the claim;
(b) too slow in bringing cases to a conclusion;
(c) too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant;
(d) too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown;
(e) incomprehensible to many litigants;
(f) too fragmented in the way it is organized since there is no one with clear overall responsibility for the administration of civil justice; and
(g) too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court.

8. Framework of the Civil Code
Preliminary
Preamble, enforcement and general nature
General principle of civil justice system
Civil Rights

9. Principles of civil justice system
Ignorance of law is no excuse for breaking it
Not to work against public policy
Act against law is invalid or unacceptable
Wrongdoer should bear the consequences
Not to harass others
No one should take benefit of his own fault
No one should act against the interest of his dependent
Everyone should accept others personality
Good neighborhood to be maintained
No exemption from civil liability
No customs or usages will be valid that are against law
Applicable to foreigners as well

10. Principles : Civil Justice
(a) be just in the results it delivers;
(b) be fair in the way it treats litigants;
(c) offer appropriate procedures at a reasonable cost;
(d) deal with cases with reasonable speed;
(e) be understandable to those who use it;
(f) be responsive to the needs of those who use it;
(g) provide as much certainty as the nature of the particular case allows; and
(h) be effective: adequately resourced and organised.

11. Law of Persons
Natural Persons
Legal Persons
Insolvency of natural person

12. Family law Marriage/ systematic provision Effect of marriage Divorce
Maternal and paternal relationship
Maternal and paternal authority
Guardianship
Curatorship
Adoption
International adoption

13. Cont---
Partition
Will system: Aborted efforts
Succession

14. Property law General Ownership and possession Use of property Land
Trust
Usufruct
Servitude
House rent
Donation and bequeath

15. Cont--- Transfer of property Pledge, mortgage, Haksafa
Deed registration
Transactions/ Lenden concept continued

16. Law of Contract and Liabilities
Contract of various forms
Law of torts/
Defective product liability

17. Private International law
Mutual judicial assistance
Conflict of laws
Divorce taken place in foreign country is valid

18. New Introduction
Presumption of death/ 80 plus five, four years, 3 years
Comprehensive provision of legal person and natural person
New concept in insolvency
Rearrangement of family law
Introduction of organ donation and sex change
Usufruct
Guardianship

19. Cont… Servitude as a systematic legal provision
Hire purchase and lease contract as special contract
Introduction of law of torts and trusts
Private international law
Principles of civil law
Status of child born out of artificial insemination
Law relating to person

20. Protection of senior citizens
Provision of taking care
Maternal and Paternal relationship
International adoption and multiple adoption
Changes in family law

21. Principle of Civil Justice
Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:
(a) be just in the results it delivers;
(b) be fair in the way it treats litigants;
(c) offer appropriate procedures at a reasonable cost;
(d) deal with cases with reasonable speed;
(e) be understandable to those who use it;
(f) be responsive to the needs of those who use it;
(g) provide as much certainty as the nature of the particular case allows; and
(h) be effective: adequately resourced and organised.

22. Civil Procedure
Context of Civil justice and Civil Procedure

23. THE PROBLEMS
Lord Woolf identified in our present system were that it is:
(a) too expensive in that the costs often exceed the value of the claim;
(b) too slow in bringing cases to a conclusion;
(c) too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant;
(d) too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown;
(e) incomprehensible to many litigants;
(f) too fragmented in the way it is organised since there is no one with clear overall responsibility for the administration of civil justice; and
(g) too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court.

24. Discussions/ Suggestions
The End