The National Civil (Code) Act, 2017.

The National Civil Code of Nepal was adopted by virtue of Act No. 34 of 2017, An Act Made To Amend And Consolidate Civil Laws. Its Preamble states that it is expedient to make timely the civil provisions contained in the Country Code and other laws, by also amending and consolidating such provisions. It is worth noticing article 3, which stipulates that where a law in force provides a separate provision in any matter regulated by this Act, no provision of this Act shall affect such a matter. The Code consists of the following Parts : I) Preliminary ; II) Law relating to persons ; III) Family law ; IV) Law relating to property ; V) Provisions Relating to Contracts and Other Liabilities ; VI) Provisions Relating to Private International Law.
Specific provisions on civil rights are laid down under Chapter 3 of Part I. According to article 17, every citizen shall be equal before law and no citizen shall be deprived of equal protection of law. Article 18 prohibits discrimination: no discrimination shall be made in the application of general law on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other ground.
PROPERTY AND REAL RIGHTS. Part 4 of the Code lays down rules on property and other real rights. It is worth noticing that this civil right is recognized under article 25 : «The State shall not acquire, requisition, or otherwise create any right in, the property of anyone, except in accordance with law for the purpose of public interest. Provided that this provision shall not apply to a property earned illegally. No property of anyone shall be auctioned or forfeited except in accordance with law. » The Third Book is divided into 15 Chapters governing the acquisition and exercise of property and other real rights. Article 255 classifies property according to ownership, as follows: (a) Private property, (b) Property in common, (c) Joint property, (d) Community property, (e) Public property, (f) Government property, (g) Trust property. Chapter 2 of Part 4 makes provision on ownership and possession. In particular, article 288 lists the rights of owners. Chapter 3 lays down provisions on uses of property ; Chapter 4 is devoted to cultivation, use and registration of land. Further provisions concern usufruct (Chapter 8), servitudes (Chapter 9), donation (Chapter 10), transfer and acquisition of property (Chapter 12), mortgage of immovable property (Chapter 12), pre-emption of immovable property (Chapter 13).
OBLIGATIONS AND CONTRACTS. Part 5 sets out general principles on obligations. Specific provisions on obligations arising out of contracts are laid down under Chapters 2-13. Firstly the Code establishes the general rules on the formation, validity and performance of contracts (Chapters 2-4) and sets out the provisions relating to the breach of contracts and remedies (Chapter 5). Further the Code lays down detailed provisions applicable to specific contracts (sales of goods, bailment, lease, deposit, among others).
INHERITANCE. Provisions relating to succession are laid down under Chapter 11 of Part 3 on Family law.
WATER. The Civil Code lays down specific provisions applicable to water. According to article 299, rivers, rivulets, streams, lakes, ponds and banks thereof, as well as canals, ditches or uncultivated, barren lands that belong to, or which are owned, controlled by, or subject to the Government of Nepal shall be deemed to be the government property. Articles 289-295 contain specific provisions governing: prohibition of using whole water of river or stream; prohibition of making new ditch affecting irrigated field; use and allocation of ditch water; prohibition of alteration in ditch without consent; construction of ditch or use of water with mutual consent; cultivation of land adjacent to river bank. As to rainwater, article 378 prohibits preventing natural flow of water: every house or land owner shall himself or herself manage the rain water flow from his or her house or land. Article 375 relates to the power to extend basic services: if it is not possible to provide basic services such as sewerage, water supply, electricity, gas and telephone service to the house of a person through his or her own land or public, government or community land, the person shall be entitled to lay pipe or line in the neighbor's land in such manner as not to cause any loss or damage to the owner of such land.
FORESTRY. Article 299 stipulates that forests, trees and bushes in forests which belong to, or which are owned, controlled by, or subject to, the Government of Nepal shall be deemed to be the government property.
FISHERIES. Article 376 regards the power to use river or stream or river or stream bank: any person may carry out movement, navigation, boating or fishing in the river or stream which is situated in, or originated from, the personal property of any person or within the zone of a maximum of four meters in either side of such river or stream. Provided that such activity is not allowed in small rivulets that do not have perennial flow of water.