The Libyan Civil Code.
Country
Type of law
Legislation
Abstract
The Libyan Civil Code forms the foundation of private law in Libya and governs key aspects of legal relationships among individuals and entities. Influenced by both Islamic Sharia principles and civil law traditions. The Code consists of a preliminary chapter and four Books, as follows: I) Obligations; II) Specific contracts; III) The principal real rights; IV) Accesory real right or real securities.
PROPERTY AND REAL RIGHTS. Book Three lays down principles and rules governing the right of ownership, including joint ownership and family joint ownership. Chapter II is devoted to rights derived from ownership, namely usufruct, the right of use, occupation, lease of land of plantation of trees (arts. 1003-1012), lease of land for cultivation and irrigation (arts. 1013-1017), servitudes. Under Articles 1101–1108 of the Libyan Civil Code, a possessory lien allows a creditor (pledgee) to retain possession of a movable or immovable item until the debtor satisfies the debt. The pledgee is responsible for the safekeeping of the item and may seek court approval to sell it if its value deteriorates significantly. The pledgor (debtor) is liable for damages due to negligence or force majeure .
INHERITANCE. Article 879 stipulates that the establishment of the heirs, of their hereditary shares and of the devolution of the property of the estate on them is governed by Islamic Law and by the laws with regard to inheritance and estates.
OBLIGATIONS AND CONTRACTS. The Libyan Civil Code emphasizes the sanctity of contracts: freedom of contract (parties are free to define their contractual relationships); binding nature (a contract is binding and can only be altered or terminated by mutual consent or for legal reasons); good faith (contracts must be performed in good faith); force majeure and hardship (article 147 addresses unforeseen circumstances). Special rules apply to sale, partnership, lease, loan for use. Leases of agricultural land are regulated under articles 609-617.
PROPERTY AND REAL RIGHTS. Book Three lays down principles and rules governing the right of ownership, including joint ownership and family joint ownership. Chapter II is devoted to rights derived from ownership, namely usufruct, the right of use, occupation, lease of land of plantation of trees (arts. 1003-1012), lease of land for cultivation and irrigation (arts. 1013-1017), servitudes. Under Articles 1101–1108 of the Libyan Civil Code, a possessory lien allows a creditor (pledgee) to retain possession of a movable or immovable item until the debtor satisfies the debt. The pledgee is responsible for the safekeeping of the item and may seek court approval to sell it if its value deteriorates significantly. The pledgor (debtor) is liable for damages due to negligence or force majeure .
INHERITANCE. Article 879 stipulates that the establishment of the heirs, of their hereditary shares and of the devolution of the property of the estate on them is governed by Islamic Law and by the laws with regard to inheritance and estates.
OBLIGATIONS AND CONTRACTS. The Libyan Civil Code emphasizes the sanctity of contracts: freedom of contract (parties are free to define their contractual relationships); binding nature (a contract is binding and can only be altered or terminated by mutual consent or for legal reasons); good faith (contracts must be performed in good faith); force majeure and hardship (article 147 addresses unforeseen circumstances). Special rules apply to sale, partnership, lease, loan for use. Leases of agricultural land are regulated under articles 609-617.
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Date of text
Notes
Unofficial translation into English attached.
Repealed
No
Source language
English
Legislation Amendment
No