Civil Code.

On 11 May 2020, the Civil Code was published in the Lao Official Gazette, to be effective from 26 May 2020. The Civil Code replaces and repeals civil and commercial laws containing similar provisions, including the Law on Contract and Tort, Law on Family, Law on Property, Law on Succession, and Law on Secured Transactions. According to article 1, this Civil Code defines principles, regulations and measures related to establishment, variation and termination of rights and obligations of individuals, juristic persons and organisations in order to ensure equality, justice, legality, peacefulness and social orders by aiming at the protection of rights and the legitimated interests of individuals, juristic persons, organisations, State and collectives; contributing to respond the needs of tangible and intangible materials of citizens; maintaining of the unity of all Lao ethnics and fine national customary practices, and strengthening the social-economic development. Article 10 establishes the principle of equality before the law: parties to the civil relationship have an equal right before the Law regardless of genders, ages, occupations, economic positions, society, levels of education, belief, religions and ethnics.
The Civil Code contains 630 provisions of law, divided into nine main parts, namely: (i) General Provisions, (ii) Person and Juristic Person, (iii) Family, (iv) Property, Proprietorship and other Property Rights, (v) Contractual Obligations, (vi) Non-Contractual Obligations (covering tort, undue enrichment and management without mandate), (vii) Secured Transaction, (viii) Succession, and (ix) Final Provision.
PROPERTY AND REAL RIGHTS. Part IV is related to asset, ownership and other asset related rights. This Part is composed of the following Chapters: 1) Asset (immovable and mocable assets, usufruct); 2) Possession; 3) Ownership (use right; right to usufruct); 4) Forms of ownership (including State property, collective property, private ownership); 5) Joint property; 6) Acquisition of ownership; 7) Terminations of ownership; 8) Scopes of use of ownership; 9) Protection of ownership; 10) Servitudes; 11) Superficies. Article 51 regulates acquisitive prescription, which refers to the reasons that any persons gain rights over assets by possession and utilisation of other persons with honesty, openness, consistency and peace as if he/she is an owner. It is stipulated: 20 twenty years for immovable property, 5 years for movable property.
OBLIGATIONS AND CONTRACTS. Part V of the Civil Code lays down provisions in matter of contractual obligations, whereas non-contractual obligations are regulated under Part VI. As to contract, firstly the Code sets out general principles on the conclusion of contracts, their validity and performance (and remedies in case of non-performance), as well as their termination and expiration. Further the Code lays down special provisions on specific types of contracts, including sale-purchase, donation, loan, bailment, insurance and transportation.
INHERITANCE. Part VIII of the Code regulates inheritance by law and by will.
AGRICULTURE. The Code contains specific references to farmers and agricultural land. In matter of private ownership, article 272 stipulates that productive equipment, products and goods which are ownership of individuals with small property such as farmers are considered private ownership. Provisions applicable to agricultural lands are laid down in matter of collective property (art. 271), contracts for rental of assets (art. 434), secured transactions (see article 517 on preferential right of security by agriculture).
LIVESTOCK. Article 277 stipulates that personal ownership oncludes livestock. See also article 516 on preferential right of security by livestock. Regarding the acquisition of ownership, article 303 concerns the acquisition right over unattended animals.
FORESTRY. Forest products and wildlife are properties under State ownership that State is a representative that exercise the ownership rights and manages centrally and unity throughout the country by laws (see article 263 on State property).
WATER. The Code contains some provisions applicable to waters. In matter of scopes of use of ownership, article 332 governs digging of wells, ponds, groundwaters; whereas article 338 refers to the claim for compensation of damages incurred from the use of water streams, ponds, lakes or canals protection of ownership. Article 329 applies to authorizations of drains: any person who need to drain water from their place of residence have the right to request the passage of drains through the land of their neighbors living adjacent to or near canals.