National Civil Code, 2074 (2017)

This Act is called the National Civil Code, 2074. It came into force on the first day of Bhadra 2075 and applies throughout Nepal.

Words used in this Code carry the meaning given in this section unless the context requires otherwise. A 'person' includes both natural persons and legal persons such as companies and registered associations.

Every person residing in Nepal is subject to the provisions of this Code. Where a specific statute contains a different rule for a particular matter, that specific statute prevails.

A person who has attained eighteen years of age and is of sound mind has full capacity to enter into legal relations. Acts done on behalf of a minor must be done by a guardian in the minor's interest.

A marriage may be concluded where both parties consent freely and each has completed twenty years of age. Marriage between persons within the prohibited degrees of relationship is not valid.

Either spouse may apply for divorce where the other has lived separately for three years or more without consent, has caused serious harm, or has entered another marriage. A couple may also dissolve the marriage by mutual agreement.

On divorce, property acquired during the marriage is divided between the spouses as if a partition had taken place. The court may order maintenance where one spouse lacks sufficient means.

The welfare of the child is the primary consideration in deciding guardianship. A child below five years of age ordinarily remains with the mother unless the court decides otherwise.

Property is either movable or immovable. Land, buildings and anything permanently attached to land are immovable property; all other property is movable.

Ownership of immovable property passes only when the transfer deed is registered at the competent Land Revenue Office. An unregistered agreement to transfer land does not itself convey ownership.

An owner of land that has no access to a public road may claim a reasonable passage over neighbouring land. Compensation is payable to the neighbouring owner for any loss caused.

A contract is formed when one party makes an offer and the other party accepts it with the intention of creating a legal obligation. Contracts may be made in writing, orally or by conduct, except where the law requires writing.

A contract whose purpose is unlawful or impossible is void from the start. A contract obtained by fraud, coercion or undue influence may be cancelled at the option of the injured party.

Where a party fails to perform a contract, the other party may claim compensation for the loss that naturally arose from the breach. The court may also order specific performance where money alone would not be adequate.

A person who causes harm to another through a negligent or intentional act must compensate the injured person. Liability does not arise where the harm was caused by an event outside the person's control.