The New Civil Code of Suriname.
Country
Type of law
Legislation
Abstract
The original Civil Code was adopted by Act of 28 December 1859, concerning the introduction of new legislation in the West Indian Colonies. The New Civil Code (NBW) of Suriname was adopted in 2024 and entered into force on May 2025. This new code, consisting of 8 books, introduces several changes in Suriname's civil law. These are the eight Books: 1) Personal and family law; 2) Legal entity law; 3) Property law in general; 4) Inheritance law; 5) Property rights; 6) General law of obligations; 7) Special agreements; 8) Means of transport and transportation.
PROPERTY AND REAL RIGHTS. Book 3 sets out general provisions on ownership, possession and property rights. The book provides frameworks for the management and transfer of assets. The Code of 2024 introduces the trust as a new legal entity. Further, Book 5 deals with rights to things like ownership, leasehold and mortgage. An important addition is the apartment right, which regulates co-ownership and exclusive use of parts of a building.
INHERITANCE. Law of succession is laid down under Book 4. The surviving spouse (other than the step-parent) is given full control over the estate, with children having a claim on money that is only due after a testamentary right has been invoked.The legitimate portion disappears completely from Surinamese inheritance law. Transitional law stipulates that acquired rights are retained for a certain period. As to concubinage, it is now stipulated that a person who has lived with the testator for at least 10 years as if they were married may be eligible for the maintenance usufruct of a home and its contents. Specific provisions deal with long-term undivided estates.
OBLIGATIONS AND CONTRACTS. The Code contains basic principles and rules governing the law od obligations, which may arise from contracts (agreements between parties), unlawful acts (tort/delict), law (statutory obligations) and quasi-contracts (such as unjust enrichment or negotiorum gestio). Book 6 provides a legal framework for all types of obligations. It contains provisions on the creation, performance and termination of obligations, as well as rules for creditors and debtors. Book 7 concerns special agreements, by specifying rules for special contracts such as purchase, lease, labor and work contracting. It provides detailed provisions that are in line with modern practice.
PROPERTY AND REAL RIGHTS. Book 3 sets out general provisions on ownership, possession and property rights. The book provides frameworks for the management and transfer of assets. The Code of 2024 introduces the trust as a new legal entity. Further, Book 5 deals with rights to things like ownership, leasehold and mortgage. An important addition is the apartment right, which regulates co-ownership and exclusive use of parts of a building.
INHERITANCE. Law of succession is laid down under Book 4. The surviving spouse (other than the step-parent) is given full control over the estate, with children having a claim on money that is only due after a testamentary right has been invoked.The legitimate portion disappears completely from Surinamese inheritance law. Transitional law stipulates that acquired rights are retained for a certain period. As to concubinage, it is now stipulated that a person who has lived with the testator for at least 10 years as if they were married may be eligible for the maintenance usufruct of a home and its contents. Specific provisions deal with long-term undivided estates.
OBLIGATIONS AND CONTRACTS. The Code contains basic principles and rules governing the law od obligations, which may arise from contracts (agreements between parties), unlawful acts (tort/delict), law (statutory obligations) and quasi-contracts (such as unjust enrichment or negotiorum gestio). Book 6 provides a legal framework for all types of obligations. It contains provisions on the creation, performance and termination of obligations, as well as rules for creditors and debtors. Book 7 concerns special agreements, by specifying rules for special contracts such as purchase, lease, labor and work contracting. It provides detailed provisions that are in line with modern practice.
Attached files
Web site
Date of text
Entry into force notes
The Code entered into force on 1st May 2025.
Repealed
No
Source language
English
Legislation Amendment
No