Civil Code (1977).

The Civil Code of the Republic of Afghanistan was published on 5 January 1977. The Code regulates private rights of persons, marriage, legal persons, contracts, and property and real rights. The Code consists of its general part and three Books: Book 1 - Rights, Book 2 – Designated Contracts, and Book 3 – Real Rights.
PROPERTY AND REAL RIGHTS. The Book 3 of the Code regulates principle real rights (Title 1 of Book 3) including ownership rights (Chapter 1 of Title 1); causes of acquiring ownership (Chapter 2 of Title 1); rights deriving from right of ownership (Chapter 3 of Title 1); and subordinate real rights (Title 2 of Book 3) including the right of retention of property (Chapter 1 of Title 2); appropriation right (Chapter 2 of Title 2); and priority rights (Chapter 3 of Title 2). The Code also provides specific provisions on agricultural land including on sale of agricultural land (Article 1145); lease of agricultural land (Articles 966, 1334, 1398-1410, 1448-1449, and 2323-2339); common ownership (Articles 1935-1984); inheritance and wills (Articles 1993-2197); attachment of new lands (Articles 2198-2208); transfer of real estate under a contract (Articles 2210-2212); preemption (Articles 2213-2255); and easements (Articles 2340-2366).
OBLIGATIONS AND CONTRACTS. The Book 1 of the Code regulates rights and, among others, contracts (Articles 497-755); labour contract (Articles 1529-1553); fire insurance (Articles 1660-1664); possessory mortgage (Articles 1770-1831); official mortgage (Articles 1832-1899); and donation (Articles 1176-1215). The Code also provides for other statutory obligations (Articles 758-812).
TRADE, PRODUCT LIABILITY AND CONSUMER PROTECTION. The Code also concerns product liability – specifically the seller obligations (Articles 1071-1107).
WATER. The Code provides for the right of water (Articles 2346-2350). It states that the right of water is turn of using water for irrigation of crops or trees (Article 2346). Water of rivers and their tributaries are considered public property. Everyone has the right to irrigate his lands by that water or draw a stream for irrigation purposes, unless that is contrary to public interests or special laws (Article 2347). Person who builds special stream in his own property for irrigation of his own land, he shall have the right to use it in any way he wishes and other persons may not use it without the builder (Article 2348). The Code also provides for the right of way, passage and watercourse (Articles 1910-1918, 2351-2354); riparian rights (Articles 1918, 2198-2199); right of the appropriated water (Article 2218); costs associated with irrigation and public rivers (Article 1419); and irrigation in general (Articles 1419, 1428, 1437, 1910-1918, 2346-2354).
ANIMALS. The Code provides for liability for animals (Articles 793-795). Specifically, it states that criminal event caused by animal shall not create any liability. Owner shall be liable to compensate for damages caused by animal if his failure to take necessary precaution to preventing the event has been proven (Article 793). If owner sees animal while inflicting harm on property of others and does not prevent it or he has had been aware of defect of animal but has not protected it, he shall be considered liable (Article 794). If person enters an animal into property of other without his permission, he shall be liable to compensate for the inflicted damage (Article 795). The Code also provides that if livestock and tools that are used in agriculture are present on the land at the time of conclusion of contract and belong to owner of land, farming contract shall include them, provided the contrary has not agreed (Article 1415). Further, a farmer shall not be obligated to compensate for destroyed livestock and tools that are not depreciated due to his fault (Article 1416).
PLANT PRODUCTION. The Code provides that sale of nonexistent shall be void. Sale of fruit of trees before their appearance and crops before its growth shall not be permissible (Article 1055). The Code further provides for rights on crops in extinction of rights due to lapse of time (Article 966); rights on crops in lease of agricultural land (Articles 1398-1410); rights on crops in farming (Articles 1426-1430); gardening contract (Articles 1432-1444); rights on crops in wills (Article 2156, 2158); rights on crops in attachment to real estates (Article 2198-2208); and rights on crops in types of priority rights (Article 2401).
SOCIAL PROTECTION. The Code defines the concepts of public welfare and charity associations (Articles 440-452) as well as regulates endowment (Articles 343-402).