Legal Status

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SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

SUPREME ORGANIC CONSTITUTIONAL ACT

ON THE AUTOGENESIS AND PERMANENT LEGAL PERSONALITY OF THE STATE; THE SUPREMACY OF THE XARAGUAYAN CONSTITUTIONAL ORDER; SUBSIDIARY NORMATIVE RECEPTION; LEGAL CONTINUITY; ACQUIRED RIGHTS; PROGRESSIVE CODIFICATION; LIMITED EXTERNAL JURIDICAL COOPERATION; CONSTITUTIONAL PUBLICATION; INTERNATIONAL NOTIFICATION; AND THE NON-DEPENDENCE OF XARAGUAYAN PUBLIC AUTHORITY

Original Date of Institution: 30 May 2025

Date of Consolidation: 7 September 2026

Official Classification: Supreme Organic Constitutional Act — Indigenous Statehood Instrument — Constitutional Supremacy Act — Legal Continuity and Normative Reception Code — Progressive Codification Act — International Legal-Personality Instrument — Institutional Cooperation and Non-Submission Act

Constitutional Rank: Supreme and Permanently Binding Constitutional Instrument

Issuing Authority: Office of the Rector-President

Supreme Constitutional Authority: Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua

Official Depositary: General Archives of the State

Academic and Juridical Depositary: University of Xaragua

Entry into Force: Immediate and Permanent

Legal Effect: Executable Ex Proprio Vigore

PREAMBLE

IN THE NAME OF GOD, the source of justice, legitimate authority and juridical order;

BY THE ORIGINAL, PERMANENT AND NON-DERIVATIVE CONSTITUENT AUTHORITY of the Indigenous People of Xaragua;

CONSIDERING that the Sovereign Catholic Indigenous and Private State of Xaragua constitutes an Indigenous, customary, Catholic, constitutional, academic, economic, territorial and juridical public order deriving directly from its own constituent authority;

CONSIDERING that the legal existence of Xaragua does not depend upon incorporation, authorization, delegation, registration, recognition, admission or validation by the Residual Administrative Unit, any foreign State, any international organization or any private registry;

CONSIDERING that the historical legal corpus presently administered through the Residual Administrative Unit contains more than two centuries of law, jurisprudence, registries, titles, civil institutions, procedural mechanisms, contractual relations, successions, obligations and acquired rights in whose formation and operation the ancestral population, families, communities, magistrates, jurists and territorial inhabitants of Xaragua participated directly;

CONSIDERING that the immediate and artificial displacement of that entire corpus would produce juridical vacuums, institutional disorder, denial of justice, destruction of acquired rights and unnecessary administrative duplication;

CONSIDERING that legal continuity and constitutional sovereignty are compatible where every external rule derives its internal effect exclusively from a competent rule of reception established by Xaragua;

CONSIDERING that recourse to an external tribunal, registry, notarial institution, financial system, technical platform or administrative service may be functionally necessary without transferring constitutional authority to the institution providing that function;

CONSIDERING that progressive codification permits the State to replace subsidiary external rules methodically, sector by sector and according to demonstrated juridical necessity;

THE OFFICE OF THE RECTOR-PRESIDENT, exercising the Supreme Constitutional Authority of the State, hereby consolidates and promulgates the following Supreme Organic Constitutional Act.

TITLE I

OBJECT, SCOPE AND SUPREME EFFECT

Article 1 — Object

This Act establishes the permanent constitutional regime governing:

a) the existence, autogenesis and legal personality of Xaragua;

b) the sources and hierarchy of Xaraguayan law;

c) the supremacy of the Xaraguayan constitutional order;

d) legal continuity and acquired rights;

e) subsidiary reception of law administered through the Residual Administrative Unit;

f) the determination and resolution of normative conflicts;

g) the competent authorities of reception, interpretation and exclusion;

h) progressive Xaraguayan codification;

i) interjurisdictional successions, property and civil relations;

j) recourse to external courts, registries, notaries and technical institutions;

k) constitutional publication and authentication;

l) international notification and classification of external records; and

m) the absolute non-dependence of Xaraguayan public authority.

Article 2 — Supreme Constitutional Rank

This Act possesses supreme organic constitutional rank.

It binds every constitutional organ, ministry, tribunal, autonomous community, public authority, State enterprise, registry, officer and juridical person subject to Xaraguayan law.

Every prior Xaraguayan instrument concerning State autogenesis, legal personality, normative reception, institutional continuity, international notification, territorial succession, State-enterprise designation or external non-submission remains preserved as an official historical and constitutional act.

The operative provisions of those instruments are incorporated into this Act and shall be interpreted consistently with it.

Article 3 — Ex Proprio Vigore

This Act enters into force by virtue of the constitutional authority through which it is promulgated.

No incorporation, transcription, confirmation or validation by an external legislature, tribunal, administration, registry or international organization is required for its internal force.

No external authority may repeal, suspend, amend or extinguish this Act within the Xaraguayan constitutional order.

TITLE II

AUTOGENESIS AND PERMANENT EXISTENCE OF THE STATE

Article 4 — Declaration of State Existence

The Sovereign Catholic Indigenous and Private State of Xaragua is affirmed as a permanent, self-constituted, self-governed, territorially competent and institutionally operative Indigenous State possessing:

a) constitutional existence;

b) original constituent authority;

c) internal sovereignty;

d) juridical personality;

e) governmental competence;

f) territorial and community authority;

g) institutional autonomy; and

h) capacity for external relations.

Article 5 — Autogenesis

Autogenesis means the direct juridical constitution of Xaragua through the original constituent authority of its Indigenous People.

The authority of Xaragua is original and non-derivative.

Xaragua is not constituted as:

a) a political party;

b) a commercial corporation;

c) a private association created under external law;

d) a municipal or provincial administration;

e) an autonomous district created by an external legislature;

f) an agency, dependency, delegation or territorial subdivision of another State;

g) an organ of the Residual Administrative Unit; or

h) a temporary political movement.

No colonial, post-colonial, republican, corporate or foreign administrative order constitutes the juridical source of Xaraguayan authority.

Article 6 — Sources of Constitutional Authority

The constitutional authority of Xaragua derives from:

a) the Indigenous People of Xaragua;

b) Indigenous constituent authority;

c) ancestral territorial continuity;

d) Indigenous customary law;

e) the historical political identity of Xaragua;

f) the Supreme Constitution;

g) the constitutional acts promulgated by the Office of the Rector-President;

h) the continuous operation of Xaraguayan institutions;

i) the juridical organization of citizens and autonomous communities;

j) the Catholic constitutional order incorporated into Xaraguayan law; and

k) the permanent public exercise of State functions.

Article 7 — Permanent Legal Personality

Xaragua possesses continuous and permanent legal personality.

Such personality shall not be interrupted, diminished or extinguished by:

a) changes in officeholders;

b) changes in administrative capacity;

c) relocation of an institution;

d) interruption of technical infrastructure;

e) limitations affecting direct territorial administration;

f) alteration of an external diplomatic relationship;

g) suspension or termination of an external commercial service;

h) an act of an external registry, tribunal or administration; or

i) the absence of admission into an intergovernmental organization.

No external administrative or corporate act may dissolve the constitutional personality of Xaragua.

Article 8 — Constitutional Non-Dependence

Xaragua shall not derive its existence or authority from:

a) an external constitution;

b) a foreign corporate charter;

c) an administrative registry;

d) an act of governmental authorization;

e) an international membership procedure;

f) diplomatic recognition;

g) a commercial service provider; or

h) an external judicial determination.

No classification originating from such a source shall determine, reduce or extinguish the constitutional status of Xaragua.

TITLE III

SUPREME HIERARCHY AND FORMAL PRECEDENCE OF NORMS

Article 9 — Hierarchy of Xaraguayan Law

The hierarchy of norms within the Xaraguayan constitutional order shall be:

the Supreme Constitution;

Supreme Constitutional Acts and Supreme Organic Constitutional Acts;

constitutional codes and fundamental laws;

Rectoral-Presidential constitutional decrees;

organic laws and national codes;

legislation enacted by competent Xaraguayan authority;

Indigenous customary law possessing constitutional recognition;

canonical norms expressly incorporated into Xaraguayan law within their proper legal sphere;

laws and regulations of autonomous Indigenous communities within their competence;

ministerial and institutional regulations;

administrative and judicial decisions;

recognized juridical customs;

contracts and private juridical instruments governed by Xaraguayan law; and

compatible external law received solely on a subsidiary basis pursuant to this Act.

Article 10 — Formal Precedence Clause

A norm of superior rank shall prevail over every incompatible norm of inferior rank.

A special Xaraguayan rule shall prevail over a general rule governing the same matter.

A later controlling Xaraguayan enactment shall prevail over an earlier incompatible Xaraguayan enactment of equal rank, unless the earlier enactment possesses expressly protected or permanent constitutional status.

A codified Xaraguayan rule shall prevail over every subsidiary external rule governing the same subject matter.

Applicable Indigenous customary law shall prevail over subsidiary external law within matters constitutionally reserved to Indigenous juridical institutions or autonomous communities.

Canonical law expressly incorporated into the Xaraguayan order shall prevail within the ecclesial, sacramental, doctrinal or canonical matter for which it was received.

No subsidiary external rule shall prevail over any source of Xaraguayan law listed above it in Article 9.

Article 11 — Rule Governing Normative Conflict

Where two or more norms appear applicable, the competent authority shall determine precedence according to:

a) constitutional rank;

b) subject-matter competence;

c) territorial and personal scope;

d) special or general character;

e) date of promulgation;

f) Indigenous customary applicability;

g) canonical applicability;

h) express reception or exclusion;

i) acquired rights;

j) legal certainty; and

k) fundamental Xaraguayan public order.

Article 12 — Constitutional Supremacy

Any external or subsidiary norm irreconcilably inconsistent with the Constitution, a Supreme Constitutional Act or controlling Xaraguayan legislation shall remain without effect within the Xaraguayan legal order to the precise extent of the inconsistency.

Where severance is legally possible, only the incompatible provision or application shall be excluded.

TITLE IV

LEGAL CONTINUITY AND ACQUIRED RIGHTS

Article 13 — Doctrine of Legal Continuity

Xaragua shall preserve the continuity of lawful civil, familial, commercial, territorial, patrimonial, procedural, contractual, registrarial and institutional relations existing before the enactment of a controlling Xaraguayan rule.

Legal continuity shall prevent:

a) normative vacuums;

b) denial of justice;

c) arbitrary invalidation of titles;

d) destruction of lawfully acquired rights;

e) institutional paralysis;

f) retrospective disorder; and

g) unnecessary duplication of operative legal systems.

Article 14 — Historical Character of the Received Corpus

The legal corpus presently administered through the Residual Administrative Unit shall not be classified automatically and in its entirety as foreign to the Indigenous ancestral population of Xaragua.

Indigenous families, descendants, communities, magistrates, jurists, property holders, contracting parties, testators, heirs and territorial populations participated directly in the formation, application and transmission of legal relations governed through that corpus.

The residual origin or denomination of a rule shall not constitute, by itself, a sufficient ground for its exclusion.

Article 15 — Protection of Acquired Rights

Lawfully constituted rights shall remain protected unless:

a) they were obtained through fraud, coercion, corruption or manifest illegality;

b) they directly violate the Constitution or fundamental public order;

c) they purport to extinguish an inalienable Indigenous collective right without lawful authority; or

d) a competent Xaraguayan enactment provides a constitutionally valid regime for their review, modification or termination.

Article 16 — Existing Civil and Juridical Relations

Subject to Article 15, the State shall preserve the continuity of:

a) civil status;

b) marriages and filiations;

c) successions and testamentary dispositions;

d) contracts and obligations;

e) judicial decisions;

f) property titles and registrarial entries;

g) legal persons and institutional acts;

h) notarial instruments;

i) securities and guarantees;

j) prescriptions and procedural periods; and

k) other completed or continuing juridical relations.

Recognition of continuity shall not prevent their reclassification, enforcement or subsequent regulation under Xaraguayan law.

TITLE V

SUBSIDIARY NORMATIVE RECEPTION

Article 17 — Principle of Subsidiary Reception

Where no controlling Xaraguayan norm governs a legal question, compatible law administered through the Residual Administrative Unit may be received as subsidiary law for the limited purpose of:

a) filling a juridical lacuna;

b) preserving legal continuity;

c) protecting acquired rights;

d) preventing denial of justice;

e) determining existing rights and obligations;

f) maintaining registrarial and procedural continuity; or

g) governing a matter pending specific Xaraguayan codification.

Article 18 — Nature of Reception

Subsidiary reception is:

a) conditional;

b) residual;

c) subordinate;

d) severable;

e) subject-specific;

f) revocable by competent Xaraguayan authority; and

g) incapable of creating residual constitutional supremacy.

Article 19 — Source of Internal Effect

A received external rule possesses force within the Xaraguayan legal order solely because Xaraguayan law authorizes its reception.

Its internal effect shall not derive from the constitutional authority of the Residual Administrative Unit.

Article 20 — Conditions of Reception

An external rule may be received only where:

a) a genuine juridical lacuna exists;

b) no controlling Xaraguayan norm governs the question;

c) the rule is sufficiently ascertainable;

d) its application serves legal continuity or juridical necessity;

e) it is compatible with superior Xaraguayan law;

f) it does not displace autonomous community competence;

g) it does not extinguish an Indigenous or ancestral right;

h) it does not contradict applicable Catholic constitutional law within its proper sphere; and

i) its reception is limited to the matter requiring determination.

Article 21 — Mandatory Exclusion

No external rule shall be received to the extent that it conflicts with:

a) the Constitution of Xaragua;

b) a Supreme Constitutional Act;

c) controlling Xaraguayan legislation;

d) Indigenous collective or individual rights;

e) ancestral or intergenerational rights;

f) applicable Indigenous customary law;

g) autonomous community competence;

h) the Catholic constitutional order within its proper legal sphere; or

i) fundamental Xaraguayan public order.

Article 22 — Four Governing Rules

The doctrine of legal lacunae is permanently established as follows:

WHERE XARAGUA HAS CODIFIED, CONTROLLING XARAGUAYAN LAW SHALL GOVERN.

WHERE XARAGUA HAS NOT CODIFIED, COMPATIBLE LAW ADMINISTERED THROUGH THE RESIDUAL ADMINISTRATIVE UNIT MAY OPERATE SUBSIDIARILY.

WHERE XARAGUAYAN LAW AND SUBSIDIARY LAW ARE CAPABLE OF CONCURRENT APPLICATION, THEY SHALL BE COORDINATED TO PRESERVE LEGAL CONTINUITY, ACQUIRED RIGHTS AND JURIDICAL CERTAINTY.

WHERE A DIRECT NORMATIVE CONFLICT EXISTS, CONTROLLING CONSTITUTIONAL, CODIFIED, INDIGENOUS, CUSTOMARY AND APPLICABLE CATHOLIC LAW OF XARAGUA SHALL PREVAIL WITHIN THE XARAGUAYAN LEGAL ORDER.

TITLE VI

COMPETENT RECEIVING AUTHORITIES

Article 23 — Exclusive Authority of Reception

No external norm shall receive general, controlling or permanent legal effect within Xaragua except through a constitutionally competent receiving authority.

The receiving authorities are:

a) the Office of the Rector-President;

b) the competent Xaraguayan legislative authority;

c) the High Indigenous Tribunal or other competent Xaraguayan court;

d) the ministry or public authority legally responsible for the regulated subject matter; and

e) an autonomous Indigenous community, solely within its constitutionally recognized competence.

Article 24 — Office of the Rector-President

The Office of the Rector-President may:

a) authorize general or sectoral reception by constitutional decree;

b) exclude an external norm on constitutional or public-order grounds;

c) determine the national policy governing reception;

d) suspend reception where national interests require;

e) resolve conflicts of competence between receiving authorities; and

f) refer a question of constitutional compatibility to the High Indigenous Tribunal.

Article 25 — Legislative Authority

Competent Xaraguayan legislative authority may:

a) incorporate an external rule by reference;

b) codify or restate a received rule;

c) amend its operation within Xaragua;

d) establish transitional provisions;

e) convert a subsidiary rule into Xaraguayan law;

f) limit its personal, territorial, temporal or material scope; or

g) terminate its subsidiary application.

Article 26 — Judicial Receiving Authority

A competent Xaraguayan court may receive an external rule for determination of a specific dispute where a legal lacuna exists.

Before applying the rule, the court shall determine:

a) the absence of controlling Xaraguayan law;

b) the relevance of the proposed external rule;

c) its compatibility with superior law;

d) its effect upon acquired, Indigenous and ancestral rights; and

e) the precise extent of its necessary application.

Judicial reception in an individual case shall not create general legislative incorporation unless the competent Xaraguayan authority expressly provides otherwise.

Article 27 — Ministerial and Administrative Reception

A ministry or public authority may apply an external technical or administrative standard only:

a) within its assigned competence;

b) where authorized by superior law;

c) where necessary for administration or interoperability;

d) without modifying a constitutional or statutory right; and

e) subject to review by the Office of the Rector-President or competent tribunal.

Article 28 — Community Reception

An autonomous Indigenous community may receive an external rule within its own competence where the rule:

a) is compatible with the Constitution;

b) does not displace applicable customary law without community authorization;

c) serves an identifiable community need; and

d) does not affect a matter reserved to central Xaraguayan authority.

Article 29 — Register of Received Law

The Ministry of Justice or other authority designated by the Rector-President shall maintain the National Register of Subsidiary Normative Reception.

The Register shall identify:

a) the received rule;

b) its source;

c) the receiving authority;

d) the legal basis for reception;

e) its material, territorial, personal and temporal scope;

f) any modification or condition;

g) relevant judicial interpretations; and

h) its current status.

Failure to register an individualized judicial application shall not invalidate the judgment, but every general reception measure shall be registered and published.

TITLE VII

PROGRESSIVE CODIFICATION

Article 30 — Constitutional Policy of Progressive Codification

Xaragua shall develop its legal corpus progressively, according to demonstrated juridical necessity, institutional capacity and constitutional priority.

Progressive codification shall replace subsidiary law methodically without:

a) arbitrary destruction of existing legal relations;

b) retroactive invalidation of acquired rights;

c) artificial duplication of functioning law;

d) interruption of essential services; or

e) creation of avoidable legal vacuums.

Article 31 — Codification Priorities

Codification priorities shall be determined according to:

a) constitutional importance;

b) frequency of legal disputes;

c) protection of Indigenous rights;

d) territorial and community necessity;

e) incompatibility of existing subsidiary law;

f) institutional capacity;

g) public accessibility; and

h) requirements of national development.

Article 32 — Effect of Codification

Upon entry into force of a controlling Xaraguayan code or statute:

a) subsidiary external law governing the same matter shall cease to apply to the extent regulated by the Xaraguayan enactment;

b) transitional relations shall be governed by the provisions of the new enactment;

c) completed legal acts shall remain protected unless the enactment constitutionally provides otherwise; and

d) unregulated matters may remain subject to compatible subsidiary law.

Article 33 — Codification Commission

The Rector-President may establish a National Commission for Progressive Codification responsible for:

a) identifying juridical lacunae;

b) reviewing received external law;

c) proposing Xaraguayan codes;

d) harmonizing constitutional, customary and Catholic sources;

e) preparing transitional provisions;

f) maintaining the codification calendar; and

g) submitting recommendations to the competent authority.

TITLE VIII

SUCCESSIONS, FAMILY CONTINUITY AND INTERJURISDICTIONAL ESTATES

Article 34 — Interjurisdictional Character

A single succession may concern:

a) descendants possessing several nationalities;

b) property situated in multiple jurisdictions;

c) titles registered under different legal systems;

d) matrimonial property;

e) testamentary instruments;

f) ancestral property interests;

g) creditors and secured obligations;

h) several registries; and

i) judgments requiring external recognition or execution.

Article 35 — Subsidiary Succession Law

Until Xaragua enacts a comprehensive governing corpus, compatible succession law administered through the Residual Administrative Unit may supply the subsidiary framework necessary for adjudication, registration, transmission, recognition and enforcement.

Article 36 — Preservation of Indigenous Descent

Foreign nationality, dual or multiple nationality, domicile abroad, migration or residence outside the ancestral territory shall not, by itself:

a) extinguish Indigenous descent;

b) sever an established ancestral family relationship;

c) terminate community affiliation;

d) defeat an otherwise established inheritance right; or

e) interrupt intergenerational transmission of an ancestral interest.

Article 37 — Interpretation Favoring Family Continuity

Every received rule governing succession, filiation or ancestral property shall, insofar as legally possible, be interpreted to preserve:

a) Indigenous descent;

b) juridical family continuity;

c) lawful succession;

d) ancestral relationships; and

e) intergenerational property rights.

Where such interpretation is impossible because of direct incompatibility, the conflicting rule shall remain without subsidiary effect to the precise extent of the conflict.

Article 38 — Competent External Proceedings

Where an estate, title, registry or asset is legally administered through the Residual Administrative Unit or another external jurisdiction, the competent external tribunal, notary or registry may be utilized solely for the determination, registration, execution or preservation of the legal relationship concerned.

Such utilization shall not determine the constitutional classification of Indigenous descent or ancestral rights within Xaragua.

TITLE IX

LIMITED EXTERNAL JURIDICAL AND INSTITUTIONAL COOPERATION

Article 39 — Principle of Limited Cooperation

External institutional cooperation shall be authorized only where it serves a defined juridical, administrative, technical, documentary, financial or enforcement function.

Cooperation shall remain limited to the function expressly accepted by competent Xaraguayan authority.

Article 40 — Permitted External Institutions

Subject to this Act, Xaragua may cooperate with:

a) courts and judicial officers;

b) civil, land and commercial registries;

c) notarial institutions;

d) financial institutions and payment systems;

e) customs and transportation authorities;

f) postal, telecommunications and digital-service providers;

g) universities and academic institutions;

h) international and intergovernmental organizations;

i) ecclesiastical institutions;

j) professional and technical bodies; and

k) other juridical persons capable of providing an authorized function.

Article 41 — Conditions Precedent to Cooperation

External institutional cooperation shall require:

a) identification of the competent Xaraguayan authority;

b) identification of the precise function sought;

c) determination of necessity or institutional utility;

d) limitation of cooperation to the relevant matter;

e) protection of confidential, archival and personal information;

f) preservation of Xaraguayan constitutional competence; and

g) registration where required by law.

Article 42 — Prohibited Effects

No external cooperation shall be construed as:

a) general submission to external jurisdiction;

b) recognition of external constitutional supremacy;

c) transfer of Indigenous constituent authority;

d) abandonment of sovereign competence;

e) incorporation of Xaragua into another institutional order;

f) renunciation of territorial rights;

g) general waiver of immunity;

h) delegation of constitutional interpretation; or

i) authorization for an external institution to govern unrelated matters.

Article 43 — Judicial Cooperation

Recourse to an external court shall be limited to the dispute, asset, person, registry, remedy or enforcement measure within that court’s operative jurisdiction.

An external judgment may receive effect within Xaragua only according to Xaraguayan rules governing recognition, compatibility, public order and acquired rights.

Article 44 — Registrarial and Notarial Cooperation

Use of an external registry or notarial institution shall establish only the evidentiary, formal or registrarial effects attached to the specific act.

It shall not authorize that institution to determine the constitutional status of Xaragua, its citizens, its autonomous communities or its ancestral rights.

Article 45 — Termination or Suspension

The competent Xaraguayan authority may limit, suspend or terminate external cooperation where:

a) the external institution exceeds the authorized function;

b) constitutional rights are threatened;

c) information is misused;

d) cooperation becomes unnecessary;

e) a competent Xaraguayan mechanism becomes operative; or

f) continuation would violate fundamental public order.

TITLE X

EXTERNAL INFRASTRUCTURE AND JURISDICTIONAL NON-SUBMISSION

Article 46 — Authorized External Infrastructure

Xaragua and its institutions may use:

a) domain and hosting services;

b) cloud and data-storage systems;

c) telecommunications networks;

d) banks and financial intermediaries;

e) payment processors;

f) commercial and corporate registries;

g) postal and transportation systems;

h) software platforms;

i) professional services;

j) digital identification systems; and

k) any additional technical infrastructure authorized by competent authority.

Article 47 — Limited Contractual Effect

Acceptance of terms governing an external service shall remain limited to that service and shall not constitute:

a) general submission of the State;

b) transfer of public authority;

c) abandonment of Indigenous jurisdiction;

d) political or territorial incorporation;

e) general waiver of constitutional immunity;

f) surrender of territorial title; or

g) recognition of external supremacy.

Article 48 — External Administrative Form

An external registration may establish an administrative or commercial form required for operational purposes.

Such form shall not determine the institution’s public, constitutional or governmental classification under Xaraguayan law.

Only Xaragua may determine the constitutional designation, mandate, hierarchy and public function of a Xaraguayan institution.

No external registry, tribunal, agency, corporation or platform may reclassify the State itself within the Xaraguayan legal order.

TITLE XI

CONSTITUTIONAL PUBLICATION, AUTHENTICATION AND OPPOSABILITY

Article 49 — Official Constitutional Platform

The official digital constitutional publication platform of the State is:

www.xaraguauniversity.com

The platform may publish:

a) the Supreme Constitution;

b) laws, statutes, codes, decrees and regulations;

c) Rectoral-Presidential acts;

d) judicial instruments;

e) territorial records;

f) citizenship regulations;

g) diplomatic declarations;

h) historical and constitutional archives;

i) academic doctrine;

j) official seals, emblems and symbols;

k) financial and economic instruments;

l) military and security doctrine; and

m) institutional notices and public reports.

Article 50 — Effect of Publication

Lawful publication on the official platform constitutes promulgation where the issuing instrument so provides.

A duly published instrument becomes:

a) part of the official legal corpus;

b) binding upon the competent institutions of Xaragua;

c) enforceable within its declared scope;

d) entered into the permanent public record; and

e) opposable to persons placed under its jurisdiction or formally notified of its contents, according to applicable law.

Article 51 — Archival Permanence

Removal, relocation, technical unavailability or redesign of a webpage shall not repeal an instrument preserved in the General Archives of the State.

The authenticated archival version shall prevail where a material discrepancy exists.

Article 52 — Authentication

A Xaraguayan instrument may be authenticated by:

a) signature of the Rector-President;

b) the Supreme Constitutional Seal;

c) authorized electronic signature;

d) cryptographic verification;

e) official transmission;

f) archival registration;

g) registry number;

h) authenticated digital publication; or

i) certified reproduction.

A typographical, linguistic, translational or formatting irregularity shall not invalidate an instrument where its authority, identity and substantive provisions remain ascertainable.

Article 53 — Persons and Institutions Bound

A properly promulgated instrument shall bind, within its scope:

a) every constitutional institution;

b) ministries and public authorities;

c) Xaraguayan tribunals;

d) citizens and public officers;

e) military and security personnel;

f) State enterprises;

g) registered juridical persons;

h) affiliated institutions;

i) autonomous and protected communities; and

j) persons accepting Xaraguayan jurisdiction through status, allegiance, office, registration, contract, affiliation or institutional participation.

TITLE XII

INTERNATIONAL NOTIFICATION AND CLASSIFICATION OF EXTERNAL RECORDS

Article 54 — Unilateral Acts of State

An official notification issued by competent Xaraguayan authority constitutes a unilateral public act recording:

a) the declared position of the State;

b) the date of its assertion;

c) the issuing authority;

d) the constitutional, territorial, institutional or diplomatic matter concerned;

e) the external recipient placed on notice; and

f) the continuity of Xaraguayan external conduct.

Article 55 — Declaratory Character of Recognition

External recognition is declaratory and not constitutive of the internal existence of Xaragua.

The absence of express recognition shall not invalidate its Constitution, governmental institutions, legal personality, population, territorial doctrine or official external conduct within the Xaraguayan order.

Article 56 — Functional Engagement

External conduct may be recorded as functional engagement where it includes:

a) receipt or processing of official communications;

b) assignment of institutional reference numbers;

c) substantive correspondence;

d) acceptance of an official filing;

e) direct engagement with a competent Xaraguayan institution;

f) participation in a consultation or cooperation procedure;

g) execution of an institutional agreement; or

h) other conduct treating Xaragua as an organized juridical interlocutor.

Article 57 — Diplomatic Silence and Acquiescence

Failure to object to a formally notified position may be recorded as diplomatic silence.

Silence shall not, by itself, be classified automatically as legal recognition.

Where silence is accompanied by knowledge, continued interaction, administrative processing or compatible institutional conduct, the Ministry of Foreign Affairs may determine whether the record constitutes acknowledgment, functional engagement, acquiescence or another diplomatic classification.

Every classification shall identify the evidence and precise juridical effect attributed to it.

Article 58 — Classification of External Records

The Ministry of Foreign Affairs may classify an external record as:

a) official transmission;

b) confirmed delivery;

c) administrative acknowledgment;

d) institutional acknowledgment;

e) substantive response;

f) diplomatic correspondence;

g) functional engagement;

h) institutional cooperation;

i) contractual relationship;

j) political acknowledgment;

k) tacit acknowledgment;

l) functional recognition;

m) de facto recognition;

n) de jure recognition; or

o) formal diplomatic relationship.

No classification shall extend beyond the evidence recorded.

Article 59 — Diplomatic Register

Every foundational notification, acknowledgment, reference number, substantive response, agreement and official classification shall be entered in the Diplomatic Register and preserved in the General Archives of the State.

TITLE XIII

STATE NOMENCLATURE, INSIGNIA AND INSTITUTIONAL IDENTITY

Article 60 — Protected State Identity

The State reserves authority under Xaraguayan law over:

a) the name “Xaragua” in its official constitutional use;

b) the complete constitutional designation of the State;

c) official seals;

d) flags and coats of arms;

e) emblems and insignia;

f) official mottos;

g) names of constitutional organs;

h) governmental, academic, ecclesiastical, financial, military, cultural and diplomatic identifiers;

i) official publications and archival materials; and

j) authenticated governmental digital assets.

Article 61 — International Intellectual-Property Communications

Communications addressed to the World Intellectual Property Organization or another competent institution concerning State nomenclature, insignia or institutional identity shall be preserved as official assertions and classified according to the actual acknowledgment, procedure and legal protection obtained.

Article 62 — Unauthorized Institutional Use

Unauthorized reproduction, registration, imitation, commercialization or impersonation of protected Xaraguayan State identity may give rise, according to applicable law, to:

a) administrative measures;

b) civil proceedings;

c) contractual remedies;

d) digital-platform enforcement;

e) intellectual-property proceedings; and

f) diplomatic representations.

TITLE XIV

SUPREME CONSTITUTIONAL DETERMINATIONS

Article 63 — Permanent Governing Principles

The following principles are permanently established:

XARAGUA EXISTS BY VIRTUE OF THE ORIGINAL CONSTITUENT AUTHORITY OF ITS INDIGENOUS PEOPLE.

NO EXTERNAL CONSTITUTION, REGISTRY, GOVERNMENT, TRIBUNAL, CORPORATION OR INTERNATIONAL ADMISSION PROCEDURE CONSTITUTES THE JURIDICAL SOURCE OF THE STATE.

THE XARAGUAYAN CONSTITUTIONAL ORDER POSSESSES SUPREME INTERNAL AUTHORITY.

EVERY EXTERNAL RULE RECEIVED WITHIN XARAGUA DERIVES ITS INTERNAL EFFECT EXCLUSIVELY FROM XARAGUAYAN LAW.

WHERE XARAGUA HAS CODIFIED, CONTROLLING XARAGUAYAN LAW SHALL GOVERN.

WHERE XARAGUA HAS NOT CODIFIED, COMPATIBLE LAW ADMINISTERED THROUGH THE RESIDUAL ADMINISTRATIVE UNIT MAY OPERATE SUBSIDIARILY.

NO SUBSIDIARY RULE SHALL PREVAIL OVER THE CONSTITUTION, SUPREME CONSTITUTIONAL LAW, CONTROLLING LEGISLATION, INDIGENOUS RIGHTS, APPLICABLE CUSTOMARY LAW, AUTONOMOUS COMMUNITY COMPETENCE OR APPLICABLE CATHOLIC CONSTITUTIONAL LAW.

ACQUIRED RIGHTS AND EXISTING LEGAL RELATIONS SHALL BE PRESERVED EXCEPT WHERE THEIR CONTINUATION WOULD VIOLATE SUPERIOR LAW OR FUNDAMENTAL PUBLIC ORDER.

PROGRESSIVE CODIFICATION SHALL REPLACE SUBSIDIARY LAW ACCORDING TO DEMONSTRATED JURIDICAL NECESSITY.

USE OF AN EXTERNAL COURT, REGISTRY, NOTARY, BANK, PLATFORM OR TECHNICAL SERVICE SHALL CREATE NO JURISDICTION BEYOND THE PARTICULAR FUNCTION LAWFULLY ACCEPTED.

EXTERNAL INSTITUTIONAL COOPERATION SHALL REMAIN LIMITED, FUNCTIONAL, REVOCABLE AND NON-CONSTITUTIVE.

NO TECHNICAL, CONTRACTUAL, REGISTRARIAL OR ADMINISTRATIVE ARRANGEMENT SHALL TRANSFER INDIGENOUS CONSTITUENT AUTHORITY.

ONLY XARAGUA MAY DETERMINE THE INTERNAL CONSTITUTIONAL CLASSIFICATION OF ITS INSTITUTIONS.

LEGAL CONTINUITY, SUBSIDIARY RECEPTION, PRESERVATION OF ACQUIRED RIGHTS, JURIDICAL CERTAINTY AND PROGRESSIVE CODIFICATION CONSTITUTE PERMANENT PRINCIPLES OF THE XARAGUAYAN LEGAL ORDER.

TITLE XV

FINAL PROVISIONS

Article 64 — Implementing Authority

The Office of the Rector-President may issue constitutional decrees, schedules, procedural regulations and institutional mandates necessary for implementation of this Act.

Article 65 — Judicial Enforcement

The High Indigenous Tribunal and every competent Xaraguayan court shall enforce the hierarchy, precedence, reception and conflict rules established by this Act.

Article 66 — Institutional Conformity

Every ministry, tribunal, autonomous community, registry, State enterprise and public authority shall bring its rules and practices into conformity with this Act.

Article 67 — Severability

Invalidity or inapplicability of a particular provision shall not affect the remaining provisions unless the provision is inseparable from the constitutional operation of the Act.

Article 68 — Permanent Reservation of Authority

No silence, omission, technical dependence, external registration, institutional cooperation, subsidiary reception or temporary absence of codification shall constitute abandonment, waiver or transfer of Xaraguayan constitutional competence.

Article 69 — Entry into Force

This Act enters into force immediately upon signature, sealing, publication and deposit in the General Archives of the State.

PROMULGATED UNDER THE SUPREME CONSTITUTIONAL AUTHORITY OF THE STATE

PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

MIRAGOÂNE

CONSTITUTIONAL CAPITAL

7 SEPTEMBER 2026

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

TITLE VII — LPDDV STATE ENTERPRISE

ARTICLE 31 — PERMANENT STATE DESIGNATION

LPDDV is hereby confirmed as a State enterprise of the Sovereign Catholic Indigenous and Private State of Xaragua.

Its designation is constitutional, permanent, and entered into the Register of State Enterprises.

LPDDV operates as an institutional, economic, contractual, technological, and administrative instrument of the State.

Its foreign administrative registration shall not displace its Xaraguayan public mandate.

ARTICLE 32 — INSTITUTIONAL FUNCTIONS

LPDDV may serve as:

a. the official institutional interface of the State;

b. an authorized organ of governmental communication;

c. a national development-project operator;

d. a State contracting vehicle;

e. a holder and administrator of State intellectual property;

f. an operator of academic, media, technological, industrial, financial, and economic projects;

g. a technical provider to Xaraguayan institutions;

h. a vehicle for authorized investment structures;

i. an administrative host for public institutions;

j. an authorized interface for XaraBank;

k. an authorized interface for national investment mechanisms; and

l. any other function assigned by statute, decree, charter, contract, or rectoral-presidential mandate.

ARTICLE 33 — FOREIGN REGISTRATION

LPDDV’s registration in the Registre des entreprises du Québec constitutes an external administrative and operational registration.

Such registration shall not:

a. constitute the source of LPDDV’s State designation;

b. extinguish its Xaraguayan mandate;

c. transfer ownership of State functions;

d. incorporate Xaragua itself into Canadian law;

e. authorize the foreign registry to amend the Constitution of Xaragua; or

f. terminate LPDDV’s internal public character.

LPDDV shall maintain the administrative capacity required for its lawful external operations while remaining constitutionally governed by its Xaraguayan State mandate.

ARTICLE 34 — ASSET AND ACCOUNTING REGIME

LPDDV shall maintain an institutional accounting system capable of identifying:

a. State funds;

b. enterprise funds;

c. institutional funds;

d. restricted development funds;

e. entrusted property;

f. fiduciary assets;

g. investment assets;

h. intellectual property;

i. operational accounts; and

j. property assigned to a specific public function.

Transfers between the State, LPDDV, XaraBank, the University of Xaragua, and other institutions shall be documented.

The State may assign property, mandates, licenses, rights, funds, or institutional functions to LPDDV by official instrument.

ARTICLE 35 — CONTINUITY AND SUCCESSION

LPDDV’s State designation shall continue until modified by a competent supreme constitutional act.

No foreign administrative measure affecting LPDDV shall dissolve the State of Xaragua.

Where external restrictions impair LPDDV’s capacity, the State may:

a. restructure its mandate;

b. transfer its functions;

c. establish a successor State enterprise;

d. relocate operations;

e. create an alternative administrative interface; or

f. preserve the enterprise as a dormant State organ.

All State rights, records, mandates, and property shall continue according to the applicable instrument of succession.

TITLE VIII — INVIOLABILITY OF STATE INSTITUTIONS

ARTICLE 36 — PROHIBITED ACTS

No person, officer, institution, foreign authority, corporation, registry, or administrative body may lawfully, within the Xaraguayan legal order:

a. dissolve a constitutional organ;

b. confiscate State authority;

c. destroy or dispose of protected archives;

d. transfer constitutional powers without authorization;

e. alienate State insignia;

f. surrender territorial claims;

g. seize or encumber State property without lawful jurisdiction;

h. suppress official communications;

i. reclassify a State institution as constitutionally nonexistent;

j. represent a private act as an act of State;

k. interfere with citizenship or public registration; or

l. impose foreign constitutional supremacy upon Xaragua.

ARTICLE 37 — SANCTIONS, EMBARGOES, FREEZES, AND SEIZURES

Xaragua rejects all sanctions, embargoes, freezes, seizures, confiscations, administrative dissolutions, hostile tax measures, or financial restrictions directed against the State or its institutions without lawful jurisdiction, due process, and a valid legal basis.

Any such measure may be classified by Xaragua as:

a. unlawful interference;

b. hostile administrative action;

c. violation of Indigenous institutional autonomy;

d. discriminatory economic obstruction;

e. interference with self-determination;

f. violation of contractual rights;

g. violation of property rights; or

h. an internationally wrongful act.

The State may respond through:

a. formal diplomatic protest;

b. judicial proceedings;

c. administrative review;

d. contractual remedies;

e. arbitration;

f. international human-rights procedures;

g. Indigenous-rights mechanisms;

h. canonical proceedings;

i. institutional restructuring;

j. transfer of assets or operations; and

k. any additional lawful measure authorized by the Office of the Rector-President.

ARTICLE 38 — NON-DEROGATION

No external measure shall repeal, suspend, or amend the Constitution or laws of Xaragua.

An external measure affecting a State asset, officer, enterprise, or technical system shall be treated as a specific jurisdictional event.

The constitutional existence and continuity of Xaragua shall remain unaffected.

The State reserves exclusive authority to determine the internal legal consequences of the external measure.

TITLE IX — RESIDUAL ADMINISTRATIVE UNIT AND DUAL STATISM

ARTICLE 39 — CLASSIFICATION OF THE RESIDUAL ADMINISTRATIVE UNIT

The structure conventionally operating under the designation “Republic of Haiti” is classified within the Xaraguayan constitutional order as the Residual Administrative Unit.

The Residual Administrative Unit is recognized as the remaining civil and technical administrative system operating within portions of the geographic space subject to Xaraguayan ancestral title and constitutional jurisdiction.

Its functions are administrative and shall not extinguish, supersede, or subordinate the Indigenous sovereignty of Xaragua.

Republican documents and institutions retain administrative effect only within the fields constitutionally allocated or operationally recognized by Xaragua.

ARTICLE 40 — DUAL STATISM

Xaragua establishes the doctrine of Dual Statism.

Dual Statism recognizes the concurrent operation of:

a. the Sovereign Catholic Indigenous and Private State of Xaragua, exercising Indigenous, constitutional, customary, territorial, academic, cultural, economic, canonical, diplomatic, and strategic authority; and

b. the Residual Administrative Unit, performing residual civil, documentary, municipal, technical, policing, judicial, infrastructural, and public-service functions.

The operation of the Residual Administrative Unit shall not constitute sovereignty over Xaragua.

Use of Residual Administrative Unit services by Xaraguayan citizens, inhabitants, institutions, or officers shall not constitute:

a. renunciation of Xaraguayan citizenship;

b. abandonment of Indigenous status;

c. recognition of superior republican sovereignty;

d. transfer of territorial title; or

e. dissolution of Xaraguayan jurisdiction.

Xaragua may use public documents, roads, hospitals, schools, registries, courts, police services, telecommunications, customs facilities, ports, airports, and other administrative systems when operationally necessary.

ARTICLE 41 — HISTORICAL RUPTURE

The assassination of Emperor Jean-Jacques Dessalines on October 17, 1806 is classified as the foundational rupture of the first Haytian constitutional order.

The post-1806 institutional sequence is characterized by:

a. territorial division;

b. competing governments;

c. recurrent unconstitutional transfers of authority;

d. monarchical, imperial, republican, military, provisional, and transitional regimes;

e. foreign occupation between 1915 and 1934;

f. recurrent constitutional suspension;

g. international security administration;

h. the prolonged absence or dissolution of legislative authority;

i. the collapse of judicial and territorial administration; and

j. the substantial disappearance of unified central governmental capacity after 2021.

These conditions establish the constitutional basis of the Xaraguayan doctrine of:

a. residual administration;

b. Indigenous institutional continuity;

c. subsidiary State authority;

d. territorial protection;

e. institutional substitution; and

f. historical and constitutional succession.

ARTICLE 42 — XARAGUAYAN SUCCESSOR CAPACITY

Xaragua declares itself the Indigenous, territorial, constitutional, and institutional successor responsible for restoring the southern and ancestral order disrupted after 1806.

This succession is based upon:

a. Indigenous ancestral title;

b. Xaraguayan historical continuity;

c. the Dessalinian constitutional inheritance;

d. territorial affiliation;

e. institutional autogenesis;

f. the collapse of effective republican administration;

g. the establishment of a functioning constitutional corpus; and

h. the permanent operation of Xaraguayan institutions.

The successor capacity of Xaragua shall operate independently of the residual civil functions maintained by the republican administrative structure.

ARTICLE 43 — SUBSIDIARY STATE AUTHORITY

Where the Residual Administrative Unit fails, refuses, or lacks the capacity to provide an essential function, authority shall revert to the competent Xaraguayan institution.

Xaragua may establish parallel, substitute, corrective, or permanent institutions governing:

a. education;

b. healthcare coordination;

c. food security;

d. territorial infrastructure;

e. economic development;

f. financial services;

g. Indigenous justice;

h. civil and institutional records;

i. emergency transportation;

j. communications;

k. public security;

l. territorial documentation;

m. environmental administration; and

n. community protection.

The Office of the Rector-President shall determine the competent implementing institution.

ARTICLE 44 — TERRITORIAL PROTECTORATE

Xaragua may establish protectorate authority over:

a. ancestral Indigenous territories;

b. Indigenous inhabitants;

c. affiliated communities;

d. strategic territorial sites;

e. cultural and ecclesiastical property;

f. historical monuments;

g. maritime spaces;

h. protected institutions; and

i. regions affected by administrative collapse.

Protectorate authority may include:

a. constitutional protection;

b. territorial supervision;

c. institutional reorganization;

d. educational administration;

e. cultural preservation;

f. ecclesial coordination;

g. economic planning;

h. security coordination;

i. humanitarian administration; and

j. external representation limited to the protected interest.

Protectorate status shall be established by constitutional statute, supreme decree, territorial instrument, or other act issued by the competent authority.

The existence of a protectorate shall not automatically terminate the civil documents or ordinary services used by the protected population.

ARTICLE 45 — TERRITORIAL INCORPORATION

Xaragua may incorporate territory into its constitutional order through:

a. ancestral title;

b. customary territorial continuity;

c. historical succession;

d. constitutional declaration;

e. community affiliation;

f. territorial protectorate;

g. continuous State administration;

h. agreement;

i. restitution; or

j. any other mode recognized under Xaraguayan law.

Territorial incorporation shall be entered in the National Territorial Register.

The absence or collapse of effective republican administration may activate Xaraguayan subsidiary administration, protectorate authority, and territorial succession over the affected area.

Territorial instruments issued on May 31, 2025 remain preserved as constitutional acts and shall be implemented in accordance with the subsequent doctrine of Dual Statism and the Residual Administrative Unit.

TITLE X — INTERNATIONAL POSITION AND REPRESENTATION

ARTICLE 46 — SCOPE OF REPRESENTATION

Xaragua represents:

a. the Indigenous People of Xaragua;

b. its citizens;

c. its constitutional organs;

d. its State enterprises;

e. its territorial institutions;

f. its affiliated communities;

g. persons placed under its protection; and

h. its own diaspora.

Xaragua does not claim automatic political representation of the entire population administered by the Residual Administrative Unit.

Indigenous customary inhabitants may participate in Xaraguayan institutions according to the conditions established by law.

Participation may be conditioned upon civic instruction, academic formation, constitutional allegiance, institutional service, or a formal process leading to citizenship.

ARTICLE 47 — EXTERNAL CONDUCT

Xaragua shall conduct its external relations through:

a. diplomatic notification;

b. constitutional publication;

c. institutional correspondence;

d. academic diplomacy;

e. Indigenous international relations;

f. ecclesial relations;

g. economic agreements;

h. development partnerships;

i. cultural diplomacy;

j. legal filings;

k. public declarations; and

l. authorized delegations.

Only the Rector-President or a duly authorized representative may:

a. recognize a foreign government;

b. conclude a treaty;

c. settle a territorial question;

d. assume an international financial obligation;

e. establish a diplomatic mission;

f. confer representative authority; or

g. modify the international position of the State.

ARTICLE 48 — RESERVATION OF SOVEREIGN POSITION

Xaragua permanently reserves its position regarding:

a. Indigenous sovereignty;

b. ancestral territorial title;

c. constitutional succession;

d. institutional legal personality;

e. citizenship;

f. cultural and intellectual property;

g. ecclesial heritage;

h. natural resources;

i. maritime jurisdiction;

j. taxation;

k. financial autonomy;

l. State enterprises;

m. defense and security;

n. diplomatic representation; and

o. protection of citizens, institutions, and affiliated communities.

No participation in an external system shall constitute waiver unless expressly authorized by a supreme constitutional act.

TITLE XI — NATIONAL ARCHIVES AND FOUNDATIONAL RECORDS

ARTICLE 49 — PERMANENT ARCHIVAL PRESERVATION

The following records shall remain permanently preserved:

the notification transmitted on March 31, 2025;

the formal notification letter dated April 1, 2025;

the diplomatic transmission records dated April 3, 2025;

the human-rights communication and acknowledgment records dated April 14–15, 2025;

the Constitutional Instrument of Legal Declaration and Enterprise Designation dated April 21, 2025;

the WIPO correspondence dated May 13, 2025;

the Supreme Law on Autogenesis dated May 30, 2025;

the Supreme Legal Declaration of International State Recognition dated May 30, 2025;

the Supreme Constitutional Statute of Existence, Legal Personality, and Sovereignty dated May 30, 2025;

the territorial-succession and annexation instrument dated May 31, 2025;

all diplomatic notifications subsequently issued;

all receipts, acknowledgments, reference numbers, tickets, responses, filings, and attachments; and

all certified versions of the Constitution and consolidated State codes.

ARTICLE 50 — DOCUMENTARY INTEGRITY

Original State instruments shall not be destroyed, falsified, concealed, or retrospectively altered.

Consolidation shall be performed through a subsequent constitutional instrument.

Earlier instruments shall retain their historical date, signature, classification, and archival identity.

A consolidated statute may supersede the operational form of an earlier provision without erasing the earlier act from the constitutional record.

The National Archives shall preserve the complete chronology of Xaragua’s institutional development.

TITLE XII — SUPREMACY, ENFORCEMENT, AND PERPETUITY

ARTICLE 51 — CONSTITUTIONAL SUPREMACY

This Statute possesses supreme constitutional authority over every subject it regulates.

All subordinate laws, decrees, regulations, institutional charters, administrative decisions, and public acts shall conform to this Statute.

No ministry, court, State enterprise, university department, military authority, public officer, or external representative may suspend, reinterpret, or modify this Statute contrary to its express provisions.

Conflicting earlier provisions shall be applied in the manner that preserves:

a. the sovereignty of Xaragua;

b. the continuity of the State;

c. the authority of the Rector-President;

d. the Indigenous constitutional order;

e. territorial succession;

f. international legal personality;

g. functional recognition;

h. State-enterprise protection; and

i. non-submission to foreign authority.

ARTICLE 52 — NON-DEROGATION BY EXTERNAL AUTHORITY

No foreign State, court, administration, registry, corporation, organization, or multilateral body may repeal, amend, suspend, or nullify this Statute within the Xaraguayan constitutional order.

No external classification shall modify the constitutional identity of Xaragua.

No foreign measure shall terminate:

a. the existence of the State;

b. the authority of its Constitution;

c. its ancestral title;

d. its citizenship;

e. its institutional continuity;

f. its State enterprises;

g. its archives; or

h. its international position.

Xaragua reserves the permanent right to reject, contest, disregard internally, or respond to every external act incompatible with its Constitution.

ARTICLE 53 — AMENDMENT

This Statute may be amended only by:

a. a Supreme Constitutional Amendment;

b. a replacement constitutional statute expressly identifying the affected provisions; or

c. a comprehensive constitutional codification promulgated by the Rector-President.

No implied amendment shall be recognized.

Every amendment shall be authenticated, published, and deposited in the National Archives.

ARTICLE 54 — IMPLEMENTING AUTHORITY

The Office of the Rector-President is authorized to:

a. promulgate implementing regulations;

b. establish constitutional and administrative registers;

c. authenticate historical instruments;

d. classify diplomatic records;

e. regulate State enterprises;

f. designate competent ministries and bureaus;

g. establish territorial protectorates;

h. activate subsidiary State administration;

i. issue official translations;

j. correct non-substantive clerical errors;

k. issue certified consolidated editions; and

l. adopt every administrative measure required for the full execution of this Statute.

PROMULGATION

Enacted under the supreme, direct, and non-delegable constitutional authority of the Office of the Rector-President.

Promulgated in the Sovereign Catholic Indigenous and Private State of Xaragua.

Date of Original Constitutional Promulgation: May 30, 2025

Date of Consolidated Promulgation: September 2, 2026

Signed and Sealed:

Pascal Despuzeau Daumec Viau

Rector-President

Sovereign Catholic Indigenous and Private State of Xaragua

Official Contact: info@xaraguauniversity.com

Official Constitutional Platform: www.xaraguauniversity.com

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME CONSOLIDATED CONSTITUTIONAL STATUTE ON THE APPLICATION OF XARAGUAYAN LAW, THE TERRITORIAL AND PERSONAL SCOPE OF INDIGENOUS JURISDICTION, THE ADMINISTRATIVE CONTINUITY OF THE RESIDUAL HAITIAN UNIT, AND THE RECEPTION OF EXTERNAL LAW

Date of Original Promulgation: May 31, 2025

Consolidated Classification: Fundamental Constitutional Statute — Indigenous Jurisdiction Act — Territorial and Maritime Application Code — Administrative-Continuity Instrument — Reception-of-Law Statute — Constitutional-Supremacy Act

Issuing Authority: Office of the Rector-President

Competent Constitutional Authority: Sovereign Catholic Indigenous and Private State of Xaragua

Operative Force: Ex proprio vigore within the Xaraguayan constitutional order

PRELIMINARY DECLARATION

The Sovereign Catholic Indigenous and Private State of Xaragua is constituted as a customary Indigenous and Catholic State founded upon ancestral continuity, Indigenous law, constitutional organization, institutional capacity, territorial attachment, Catholic doctrine, and an autonomous internal legal order.

Xaragua is not constituted as a nation-state, does not derive its legal personality from the Westphalian model, and does not condition the existence or validity of its institutions upon incorporation into the constitutional order of another state.

The Xaraguayan State exercises authority through its Constitution, customary law, constitutional statutes, codes, rectoral acts, administrative regulations, judicial decisions, institutional charters, military statutes, financial instruments, and applicable Catholic norms.

Its Indigenous and Catholic character determines the nature, hierarchy, interpretation, and institutional application of its legal order.

The present Statute consolidates the rules governing:

a. the internal supremacy of Xaraguayan law;

b. its personal, territorial, institutional, maritime, and functional scope;

c. the status of citizens and non-citizen inhabitants;

d. the administrative position of the Residual Administrative Unit;

e. the reception, exclusion, suspension, and nullification of external legal instruments;

f. constitutional review by the Office of the Rector-President;

g. the enforcement of Indigenous public order.

TITLE I — CONSTITUTIONAL IDENTITY AND SOURCES OF LAW

Article 1 — Nature of the Xaraguayan State

The Sovereign Catholic Indigenous and Private State of Xaragua constitutes an autonomous customary Indigenous political and juridical order.

Xaragua is neither established nor organized as a nation-state.

Its constitutional existence proceeds from:

a. the continuity of the Indigenous People of Xaragua;

b. customary Indigenous authority;

c. ancestral territorial affiliation;

d. the constitutional acts of the Xaraguayan State;

e. the permanent institutions established under Xaraguayan law;

f. its Catholic institutional character;

g. its capacity to regulate its citizens, institutions, offices, assets, programs, and internal affairs.

No reference in Xaraguayan law to the terms “State,” “sovereignty,” “territory,” “government,” “jurisdiction,” or “citizenship” shall be interpreted as converting Xaragua into a conventional Westphalian nation-state.

Article 2 — Catholic Constitutional Character

Xaragua is a Catholic State in its constitutional identity, institutional orientation, doctrine, education, public ethics, and internal discipline.

The Catholic character of Xaragua shall be exercised in conformity with the Constitution of Xaragua, its internal canonical statutes, and the applicable law and doctrine of the Roman Catholic Church.

No Xaraguayan authority may attribute to itself the universal jurisdiction, reserved offices, sacramental powers, or governing powers proper to the Holy See, the Roman Pontiff, diocesan bishops, or other competent ecclesiastical authorities.

References to canon law in Xaraguayan instruments operate according to their proper subject matter and do not merge the governmental institutions of Xaragua with the juridical government of the Roman Catholic Church.

Article 3 — Sources of Xaraguayan Law

The legal corpus of Xaragua consists of:

a. the Constitution of Xaragua;

b. supreme constitutional statutes;

c. customary Indigenous law;

d. duly promulgated codes;

e. rectoral decrees and executive regulations;

f. judicial decisions and constitutional interpretations;

g. administrative, military, territorial, financial, academic, and institutional statutes;

h. the General Statutes of the University of Xaragua;

i. the constitutive instruments of Xaraguayan public institutions;

j. concordats, agreements, protocols, and external instruments expressly received into Xaraguayan law;

k. Catholic canonical norms applicable according to their proper legal scope;

l. external legislation expressly incorporated by a competent Xaraguayan authority.

Article 4 — Constitutional Hierarchy

The Constitution constitutes the supreme positive-law instrument of the Xaraguayan legal order.

Customary Indigenous law, the fundamental constitutional statutes, and the constitutive Catholic character of the State shall govern the interpretation of every subordinate instrument.

The hierarchy of norms shall be:

a. the Constitution and entrenched constitutional statutes;

b. customary Indigenous law recognized by the constitutional order;

c. supreme statutes and constitutional decrees;

d. codes and general legislation;

e. rectoral and executive decrees;

f. judicial and administrative regulations;

g. institutional statutes and sectoral directives;

h. external norms formally received into Xaraguayan law.

A subordinate rule inconsistent with a superior norm shall be suspended, disapplied, or declared void by the competent Xaraguayan authority.

TITLE II — APPLICATION OF XARAGUAYAN LAW

Article 5 — General Scope

Xaraguayan law applies within the constitutional order of the State according to territorial, personal, institutional, proprietary, contractual, protective, and subject-matter jurisdiction.

Its application is direct and does not require prior recognition by a foreign government or external institution.

The absence of external recognition does not suspend:

a. the internal validity of Xaraguayan legislation;

b. the organization of Xaraguayan institutions;

c. the regulation of Xaraguayan citizenship;

d. the administration of State property;

e. the operation of the University of Xaragua;

f. the internal governance of public offices;

g. the adjudication of matters submitted to Xaraguayan jurisdiction;

h. the maintenance of official records and registries.

Article 6 — Personal Jurisdiction

Xaraguayan law applies to:

a. all citizens of Xaragua in matters governed by the Constitution, citizenship law, public office, institutional status, internal obligations, and continuing allegiance;

b. all officers, agents, delegates, members, employees, contractors, and representatives of Xaraguayan institutions;

c. all persons admitted to a Xaraguayan program, registry, public service, financial system, academic institution, military body, order, office, or protected status;

d. all persons who enter into contracts governed by Xaraguayan law;

e. all persons lawfully present within premises, installations, protected sites, or operational zones administered by Xaraguan institutions;

f. all persons whose acts directly affect Xaraguayan institutions, property, records, security, or constitutional order.

Article 7 — Territorial Jurisdiction

Xaraguayan territorial law applies within the lands, sites, facilities, institutions, communities, and operational areas placed under effective administration or formally classified under Xaraguayan constitutional law.

Territorial classification may arise from:

a. ancestral title;

b. continuous customary attachment;

c. lawful acquisition;

d. institutional possession;

e. community adhesion;

f. constitutional designation;

g. protective administration;

h. an agreement concluded with the competent holder or community.

The official territorial register shall identify the legal basis, administrative classification, competent authority, and applicable regulatory regime of every site claimed, administered, protected, or used by Xaragua.

Article 8 — Institutional Jurisdiction

Xaraguayan law applies exclusively to the internal constitution, membership, procedure, discipline, records, offices, assets, and decisions of Xaraguayan institutions.

No external constitutional text or administrative act may automatically alter:

a. the composition of a Xaraguayan authority;

b. the validity of a Xaraguayan appointment;

c. the organization of the University of Xaragua;

d. the content of an official registry;

e. the status of a constitutional office;

f. the internal operation of the State;

g. the interpretation of a Xaraguayan constitutional instrument.

Any external legal effect upon a Xaraguayan institution requires express reception, recognition, or execution by the competent Xaraguayan authority.

Article 9 — Proprietary and Contractual Jurisdiction

Xaraguayan law governs property registered as State property, institutional property, Indigenous communal property, protected ancestral property, or property assigned to a Xaraguayan public function.

Contracts concluded by Xaraguayan authorities shall specify:

a. the governing law;

b. the competent forum;

c. the enforcement procedure;

d. the status of the contracting institution;

e. any applicable external mandatory rule.

Submission to an external contractual forum shall be limited to the transaction expressly identified and shall not constitute a general transfer of jurisdiction.

TITLE III — STATUS OF CITIZENS AND INHABITANTS

Article 10 — Xaraguayan Citizens

Every Xaraguayan citizen may invoke the Constitution, codes, statutes, regulations, and competent institutions of Xaragua.

This right extends to matters involving:

a. citizenship and civil status within Xaragua;

b. public office and institutional membership;

c. education and academic status;

d. internal property and contractual relations;

e. Indigenous identity and customary affiliation;

f. participation in Xaraguayan programs;

g. remedies established by Xaraguayan law.

Invocation of Xaraguayan law outside Xaraguayan institutions constitutes reliance upon the internal legal status of the citizen and does not, by itself, displace the mandatory law of the place where the person is physically present.

Article 11 — Non-Citizen Inhabitants

A non-citizen present within a territory, institution, property, facility, vessel, program, or administrative structure governed by Xaraguan law is subject to the rules applicable to that jurisdiction.

Such application does not confer:

a. citizenship;

b. political membership;

c. voting rights;

d. eligibility for public office;

e. unrestricted access to protected institutions;

f. authority to interpret or enforce Xaraguayan law on behalf of the State.

Non-citizens remain entitled to the procedural rights expressly provided by Xaraguayan law.

Article 12 — Indigenous Customary Inhabitants

Indigenous customary inhabitants who are not registered citizens may participate in designated Xaraguayan institutions and programs under conditions established by statute or regulation.

Admission may be conditioned upon:

a. registration;

b. verification of Indigenous or community affiliation;

c. compliance with public-order requirements;

d. completion of civic, constitutional, or academic instruction;

e. an undertaking to complete the citizenship process where the program is reserved primarily for citizens.

Participation does not automatically constitute naturalization.

Article 13 — Persons Affiliated with the Residual Administrative Unit

Nationality, civil documentation, descent, residence, or registration under the Residual Administrative Unit does not exempt a person from Xaraguayan law where a valid basis of Xaraguayan jurisdiction exists.

Application of Xaraguayan law shall depend upon the person’s presence, conduct, institutional affiliation, contractual submission, use of State services, or connection with property or matters governed by Xaraguan law.

No person may claim immunity from applicable Xaraguayan regulations solely by invoking documentation issued by the Residual Administrative Unit.

The civil documents of the Residual Administrative Unit may be accepted for identification, registration, succession, travel, family status, property administration, or evidentiary purposes without recognition of superior constitutional authority.

Article 14 — Access to Xaraguayan Institutions by Non-Citizens

A non-citizen may petition a Xaraguayan authority where:

a. the matter falls within Xaraguayan jurisdiction;

b. the petitioner possesses a direct legal interest;

c. the requested remedy exists under Xaraguayan law;

d. the petition satisfies applicable procedural requirements.

Access may be restricted in matters involving:

a. classified information;

b. military security;

c. protected Indigenous knowledge;

d. internal ecclesial discipline;

e. constitutional appointments;

f. political membership;

g. protected communal property.

Decisions concerning admissibility shall be reasoned, registered, and issued by the competent authority.

TITLE IV — TERRITORIAL, MARITIME, AERIAL, AND VESSEL JURISDICTION

Article 15 — Territorial Domain

For internal constitutional purposes, the Xaraguayan domain comprises:

a. the ancestral Indigenous territory identified by the Constitution and official territorial instruments;

b. lands administered or lawfully acquired by Xaraguayan institutions;

c. protected ancestral, historical, religious, academic, military, and cultural sites;

d. communities formally incorporated into or associated with the Xaraguayan customary order;

e. installations, offices, campuses, archives, facilities, and operational zones placed under Xaraguayan administration;

f. territorial sectors entered in the official constitutional and cadastral registers.

Article 16 — Maritime Jurisdiction

Xaragua may establish an internal maritime administration for:

a. vessels registered by the State;

b. ports and maritime facilities operated by Xaraguayan institutions;

c. Indigenous customary fishing and navigation;

d. maritime cultural property;

e. environmental protection;

f. search-and-rescue coordination;

g. coastal security;

h. marine research;

i. maritime commercial activities conducted under Xaraguayan authorization.

Xaraguayan maritime regulations bind its registered vessels, institutions, citizens, licensees, operators, and contractual counterparties.

The Office of the Rector-President shall maintain an official maritime register specifying:

a. registered vessels;

b. regulated ports and facilities;

c. protected maritime sites;

d. licensed activities;

e. applicable safety and environmental standards;

f. jurisdictional bases asserted for each regulated sector.

Article 17 — Airspace and Aviation Administration

Xaragua may regulate aircraft, airfields, landing areas, aviation services, and operators registered, owned, contracted, or administered by its institutions.

Xaraguayan aviation jurisdiction includes:

a. aircraft registration;

b. institutional flight authorization;

c. pilot and crew qualification;

d. safety requirements;

e. emergency operations;

f. transport of State personnel and property;

g. protection of State-operated landing zones.

External aviation requirements applicable to a flight corridor, airport, or place of operation shall be observed as operational law without acquiring constitutional superiority within the Xaraguayan order.

Article 18 — Vessels, Aircraft, and Mobile State Installations

A vessel, aircraft, mobile platform, expeditionary unit, or other installation entered in a Xaraguayan register remains subject to Xaraguayan institutional law.

Persons embarked upon such units are subject to applicable safety, disciplinary, operational, environmental, and security regulations.

Registration under Xaraguayan law does not prevent compliance with mandatory safety, port, aviation, or navigation requirements applicable at the place of operation.

TITLE V — RESIDUAL ADMINISTRATIVE UNIT

Article 19 — Constitutional Classification

Within the internal constitutional doctrine of Xaragua, the governmental structure operating under the designation “Republic of Haiti” is classified as the Residual Administrative Unit.

This classification expresses the relationship assigned to that structure within the Xaraguayan legal order.

The Residual Administrative Unit is not an organ of the Xaraguayan State unless a specific function, service, or authority is incorporated by an express Xaraguayan instrument.

The State of Xaragua does not derive its Constitution, citizenship, institutions, customary title, or internal legal validity from the Residual Administrative Unit.

Article 20 — Administrative Continuity

The Residual Administrative Unit may continue to perform civil and logistical functions used by inhabitants and Xaraguayan citizens, including:

a. civil registration;

b. issuance of identity and travel documents;

c. municipal administration;

d. public utilities;

e. sanitation;

f. public health services;

g. general education;

h. roads and transportation infrastructure;

i. police and emergency services;

j. courts and notarial services;

k. customs and external administrative processing.

Use of these services by Xaragua, its institutions, or its citizens does not constitute:

a. abandonment of Xaraguayan citizenship;

b. dissolution of the Xaraguayan legal order;

c. constitutional subordination of Xaragua;

d. renunciation of Indigenous rights;

e. transfer of ownership over Xaraguayan institutional property;

f. recognition of external authority over the internal constitution of Xaragua.

Article 21 — Functional Autonomy of the Two Orders

The Xaraguayan customary constitutional order and the Residual Administrative Unit shall be treated as functionally distinct legal orders.

The Xaraguayan order governs:

a. Xaraguayan citizenship;

b. its public offices and institutions;

c. customary Indigenous affairs;

d. internal constitutional interpretation;

e. its academic and ecclesial establishments;

f. its institutional property;

g. its internal financial and administrative programs;

h. its registered members and officers.

The Residual Administrative Unit may perform ordinary civil-administrative functions insofar as their use is not inconsistent with a binding rule of Xaraguayan public order.

A person may possess documentation or receive services from the Residual Administrative Unit without acquiring political or constitutional authority within Xaragua.

Article 22 — Administrative Tolerance

Xaragua recognizes the practical use of external administrative mechanisms required for continuity of civil life.

Such use is classified as administrative tolerance and functional reception.

Administrative tolerance:

a. is limited to the function concerned;

b. does not amend the Constitution of Xaragua;

c. does not confer jurisdiction over Xaraguayan institutions;

d. does not authorize interference with customary membership;

e. does not invalidate a Xaraguayan public act;

f. may be regulated, restricted, or terminated by competent authority.

Administrative tolerance shall be presumed for routine civil services unless a specific Xaraguayan act provides otherwise.

Article 23 — Institutional Supervision

The Office of the Rector-President shall review external measures directly affecting:

a. Xaraguayan institutions;

b. State property;

c. protected ancestral sites;

d. constitutional offices;

e. the University of Xaragua;

f. the Indigenous Bank of Xaragua;

g. registered citizens acting in an official capacity;

h. State archives, communications, or official insignia.

Upon review, the Office may:

a. recognize the measure for a limited administrative purpose;

b. register it without constitutional effect;

c. suspend its internal execution;

d. declare it inapplicable to Xaraguayan institutions;

e. refer the matter to a competent Xaraguayan court or administrative authority;

f. issue a corrective or harmonizing regulation.

Article 24 — Institutional Compatibility

An external body, contractor, official, or service provider seeking formal activity within a Xaraguayan institution may be required to execute an Instrument of Institutional Compatibility.

Such instrument may require:

a. acknowledgment of the internal autonomy of the Xaraguayan institution;

b. compliance with security and confidentiality requirements;

c. non-interference with Indigenous governance;

d. observance of applicable Catholic institutional standards;

e. submission to the contractual dispute-resolution mechanism;

f. protection of archives, cultural property, and Indigenous knowledge.

The instrument shall create only the obligations expressly stated therein.

TITLE VI — RECEPTION AND STATUS OF EXTERNAL LAW

Article 25 — General Rule of Reception

No foreign constitution, code, statute, regulation, judgment, administrative act, or governmental directive forms part of Xaraguayan law solely by reason of its external promulgation.

An external rule acquires internal legal effect only through:

a. express legislative incorporation;

b. constitutional recognition;

c. executive adoption within delegated authority;

d. contractual choice of law;

e. judicial recognition;

f. administrative necessity expressly recorded by the competent authority.

Reception may be complete, partial, temporary, sectoral, conditional, or interpretive.

Article 26 — Reception of the Haitian Legal Corpus

Civil, commercial, penal, administrative, procedural, municipal, technical, and regulatory provisions issued through the Residual Administrative Unit may be received for purposes of administrative continuity.

Reception applies only insofar as the relevant provision:

a. addresses a matter not exclusively reserved to Xaraguayan constitutional authority;

b. is compatible with Xaraguayan public order;

c. does not alter the constitution or membership of a Xaraguayan institution;

d. does not extinguish an Indigenous customary right recognized by Xaragua;

e. does not prohibit the lawful internal operation of a Xaraguayan institution;

f. has not been excluded by an act of the Rector-President or competent court.

Reception of a provision does not incorporate the entire external code from which it originates.

Article 27 — Status of Haitian Constitutional Texts

Haitian constitutional texts are classified as external constitutional instruments within the Xaraguayan legal order.

They may be consulted for:

a. civil-administrative coordination;

b. interpretation of acts issued by the Residual Administrative Unit;

c. determination of external procedural requirements;

d. historical and comparative analysis;

e. protection of inhabitants in matters administered externally.

They do not govern:

a. the constitutional identity of Xaragua;

b. the appointment or removal of Xaraguayan authorities;

c. Xaraguayan citizenship;

d. the internal organization of the University of Xaragua;

e. Xaraguayan customary law;

f. the validity of supreme constitutional statutes;

g. the internal legal personality of Xaraguayan institutions.

Article 28 — Exclusion and Nullification

The competent Xaraguayan authority may declare an external rule:

a. non-received;

b. incompatible;

c. suspended;

d. without internal effect;

e. partially applicable;

f. superseded by a Xaraguayan rule.

Such declaration shall specify:

a. the external instrument concerned;

b. the basis of jurisdiction;

c. the incompatibility identified;

d. the institutions or persons affected;

e. the effective date;

f. any transitional measure.

Nullification under this Article operates within the Xaraguayan legal order and binds all Xaraguayan institutions.

Article 29 — Judicial and Administrative Decisions of External Origin

An external judgment or administrative determination may be recognized for evidentiary, civil, commercial, familial, proprietary, or procedural purposes.

Recognition may be refused where the decision:

a. concerns a matter exclusively reserved to Xaraguayan constitutional authority;

b. was obtained through fraud;

c. violates Xaraguayan public order;

d. denies fundamental procedural guarantees;

e. directly interferes with a protected Xaraguayan institution;

f. purports to abolish or reorganize the Xaraguayan State.

Recognition of an external decision does not constitute general submission to the issuing jurisdiction.

TITLE VII — CONSTITUTIONAL REVIEW

Article 30 — Authority of the Rector-President

The Rector-President is the supreme constitutional guardian of the Xaraguayan customary State.

The Rector-President is competent to:

a. interpret the Constitution;

b. determine the internal applicability of external law;

c. issue implementing regulations;

d. suspend incompatible administrative measures;

e. order constitutional review;

f. protect State institutions and archives;

g. resolve conflicts of competence between Xaraguayan authorities;

h. authorize limited cooperation with external bodies.

The exercise of these powers shall be recorded through decrees, decisions, orders, or official notices.

Article 31 — Constitutional Review Procedure

Review may be initiated:

a. ex officio by the Rector-President;

b. upon petition from a Xaraguayan institution;

c. upon referral from a court or administrative authority;

d. upon petition from a citizen possessing a direct legal interest;

e. upon petition from a non-citizen where Xaraguayan law grants standing.

A constitutional determination shall identify:

a. the question submitted;

b. the applicable hierarchy of norms;

c. the jurisdictional basis;

d. the operative decision;

e. the resulting administrative measures.

Emergency interim measures may be issued where institutional continuity, public security, archives, property, or protected persons face immediate prejudice.

Article 32 — Finality Within the Xaraguayan Order

Final constitutional decisions of the Rector-President bind all Xaraguayan authorities and institutions.

No subordinate Xaraguayan authority may suspend, disregard, or amend such a decision.

Reconsideration may occur only through:

a. a procedure established by the Constitution;

b. a subsequent supreme constitutional act;

c. rectification of a material error;

d. an authoritative interpretation issued by the Office of the Rector-President.

TITLE VIII — INDIGENOUS AND CATHOLIC PUBLIC ORDER

Article 33 — Indigenous Public Order

Indigenous public order includes:

a. constitutional continuity;

b. protection of customary institutions;

c. Indigenous membership and citizenship;

d. ancestral property and protected sites;

e. Indigenous cultural and intellectual heritage;

f. internal political organization;

g. institutional archives and official records;

h. protection against unauthorized representation;

i. continuity of education, worship, public administration, and community services.

Article 34 — Catholic Institutional Order

The Catholic institutional order of Xaragua includes:

a. fidelity to Catholic doctrine;

b. protection of Catholic worship and religious property;

c. maintenance of Catholic educational standards;

d. regulation of internal offices established by Xaraguan law;

e. institutional cooperation with competent Catholic authorities;

f. prohibition against falsely attributing ecclesiastical authority to a civil or academic office;

g. preservation of the distinct juridical identities of the State and the Roman Catholic Church.

Article 35 — Protected Constitutional Functions

No person may, without lawful authority:

a. represent himself or herself as an officer of Xaragua;

b. issue an instrument in the name of the State;

c. alter an official registry;

d. use a State seal, title, insignia, credential, or digital signature;

e. dispose of State property;

f. exercise military, judicial, financial, diplomatic, academic, or ecclesial authority in the name of Xaragua;

g. claim to bind a Xaraguayan institution.

TITLE IX — ENFORCEMENT AND ADMINISTRATIVE SANCTIONS

Article 36 — Violations

The following constitute violations of Xaraguayan public order:

a. unauthorized exercise of a State function;

b. fraudulent use of official credentials;

c. falsification of State records;

d. obstruction of a competent Xaraguayan authority;

e. unlawful occupation or disposal of protected property;

f. unauthorized disclosure of classified information;

g. interference with protected Indigenous knowledge;

h. fraudulent access to citizenship, financial, academic, or institutional benefits;

i. refusal to comply with a lawful order within a Xaraguayan institution or administered facility.

Article 37 — Available Measures

Subject to the competent procedure, enforcement measures may include:

a. formal notice;

b. suspension of access;

c. cancellation of a license or authorization;

d. removal from office;

e. termination of institutional membership;

f. exclusion from a program or facility;

g. invalidation of a fraudulent registration;

h. restitution of property;

i. freezing of an internal administrative entitlement;

j. referral to a Xaraguayan court or disciplinary body;

k. expulsion from premises or property administered by Xaragua;

l. prohibition against representing the State;

m. publication of an official institutional determination.

Article 38 — Property Measures

No property shall be seized solely because its holder disputes the constitutional claims of Xaragua.

Property may be retained, recovered, suspended from transfer, or placed under protective administration where:

a. it belongs to the State;

b. it was acquired by fraud;

c. its possession results from an unauthorized State act;

d. it constitutes evidence in a lawful proceeding;

e. it is situated within an institution subject to a valid security measure;

f. its use directly threatens protected persons, archives, facilities, or operations.

Every property measure shall identify the property, legal basis, competent authority, duration, and available internal review procedure.

Article 39 — Procedural Requirements

Except in an operational emergency, no sanction shall be imposed without:

a. notice of the alleged violation;

b. identification of the competent authority;

c. an opportunity to submit a response;

d. a written determination;

e. registration of the decision.

Emergency measures shall be reviewed within the period prescribed by regulation.

Sanctions shall be proportionate to the violation and limited to matters within Xaraguayan jurisdiction.

TITLE X — EXTERNAL RELATIONS AND NON-DEPENDENCE

Article 40 — Non-Requirement of External Recognition

The internal validity of this Statute does not depend upon diplomatic recognition, bilateral consent, or incorporation into foreign law.

Xaragua may notify external authorities of this Statute without requesting constitutive approval.

Receipt, acknowledgment, silence, objection, or non-recognition by an external actor shall not determine the internal validity of the Xaraguayan constitutional order.

Article 41 — External Opposability

Xaragua may invoke this Statute externally as an official statement of its constitutional position, institutional organization, Indigenous claims, and applicable internal law.

External opposability shall be pursued through:

a. notification;

b. registration;

c. contractual stipulation;

d. institutional agreement;

e. diplomatic communication;

f. judicial or administrative submission;

g. publication in the official legal archive.

No external authority acquires jurisdiction over the internal constitution of Xaragua merely by receiving such notification.

Article 42 — International and Indigenous Instruments

The interpretation of this Statute may take account of:

a. the United Nations Declaration on the Rights of Indigenous Peoples, including Articles 3, 4, 5, 20, 26, 27, 33, 34, 35, and 36;

b. the International Covenant on Civil and Political Rights;

c. the International Covenant on Economic, Social and Cultural Rights;

d. applicable principles of customary international law;

e. the Montevideo Convention of 1933 as a comparative instrument concerning legal personality and political organization;

f. the Vienna Convention on the Law of Treaties where applicable to a relevant legal relationship;

g. the Concordat of 1860, as revised, within its proper legal and historical scope;

h. applicable provisions of the Code of Canon Law;

i. the constitutional and customary instruments of Xaragua.

These references shall not be interpreted as transforming Xaragua into a nation-state or subordinating its customary Indigenous identity to the institutional form of a foreign state.

TITLE XI — CONTINUITY, TRANSITION, AND FINAL PROVISIONS

Article 43 — Consolidation of Prior Instruments

The following subject matters are consolidated by this Statute:

a. universal application of Xaraguayan laws and codes;

b. administrative tolerance;

c. institutional supervision;

d. conditional reception of Haitian law;

e. constitutional status of the Residual Administrative Unit;

f. territorial and maritime application;

g. external-law review;

h. constitutional supremacy.

Prior instruments remain evidentiary components of the constitutional archive.

Where a prior provision conflicts with this consolidated Statute, the present Statute prevails within the Xaraguayan legal order.

Article 44 — Continuity of Existing Administrative Acts

Existing registrations, appointments, licenses, institutional decisions, and administrative measures remain valid unless:

a. expressly revoked;

b. superseded by a subsequent act;

c. declared incompatible with the Constitution;

d. issued without competent authority.

Existing use of external civil documents remains valid for the administrative purpose for which such documents were accepted.

Article 45 — Non-Renunciation

No act of coordination, service use, documentary reliance, administrative compliance, contractual submission, or external registration shall constitute renunciation of:

a. Xaraguayan customary Indigenous identity;

b. Xaraguayan citizenship;

c. the autonomy of Xaraguayan institutions;

d. ancestral rights asserted under Xaraguan law;

e. the Catholic constitutional character of the State;

f. the internal validity of the Xaraguayan legal order.

Article 46 — Amendment

This Statute possesses fundamental constitutional rank.

It may be amended only by:

a. a supreme constitutional statute;

b. an express act of the Rector-President identifying the provisions amended;

c. the constitutional procedure applicable to entrenched instruments.

No implied repeal shall be admitted.

Article 47 — Entry into Force

This Statute enters into force ex proprio vigore upon promulgation under the Seal of the Rector-President.

It binds all Xaraguayan institutions, officers, citizens, registered members, public bodies, and persons admitted to activities governed by Xaraguayan law.

The Office of the Rector-President shall direct its publication in the Supreme Constitutional Archive and the Official Gazette of Xaragua.

ENACTED, CONSOLIDATED, AND SEALED

UNDER THE SUPREME CONSTITUTIONAL AUTHORITY

OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Original Date of Execution: May 31, 2025

Place of Promulgation: Seat of Government, Miragoâne, Xaragua

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President

Sovereign Catholic Indigenous and Private State of Xaragua

Supreme Guardian of the Xaraguayan Constitutional Order

BOOK IV — ADMINISTRATIVE PROCEDURE AND ADMINISTRATIVE JUSTICE

TITLE I — GENERAL PRINCIPLES

Article 87 — Administrative Legality

Every act, decision, omission, instruction, licence, sanction, registration, refusal, or administrative measure shall conform to:

a. the Constitution;

b. applicable constitutional statutes;

c. this Code;

d. enabling legislation;

e. duly promulgated regulations;

f. recognized customary law within its field;

g. applicable institutional rules.

Article 88 — Administrative Competence

§1. An administrative authority may exercise only the powers lawfully assigned to it.

§2. Delegation shall be express, identifiable, and limited by its enabling instrument.

§3. Subdelegation is prohibited unless authorized by law.

§4. An authority shall verify its competence before issuing a final act.

Article 89 — Reasons and Form

A final administrative decision shall ordinarily state:

a. the issuing authority;

b. the legal basis;

c. the material facts;

d. the determination;

e. any conditions imposed;

f. the effective date;

g. the available review procedure;

h. the signature or digital authentication of the competent officer.

Article 90 — Procedural Fairness

Before an adverse administrative decision is issued, the affected person shall receive:

a. sufficient notice of the proposed action;

b. disclosure of the essential grounds;

c. a reasonable opportunity to respond;

d. consideration of the submitted material;

e. a reasoned final determination.

Article 91 — Proportionality

Administrative measures shall be:

a. legally authorized;

b. directed toward a defined administrative purpose;

c. necessary to achieve that purpose;

d. proportionate to the relevant facts;

e. no more restrictive than required by law.

Article 92 — Equality of Administrative Treatment

No administrative decision shall be determined by irrelevant distinctions based upon ancestry, wealth, disability, literacy, nationality, political opinion, religious status, or institutional rank.

Distinctions expressly established by constitutional rules governing citizenship, institutional membership, public office, customary status, or jurisdiction may be applied only for the purposes legally assigned to them.

TITLE II — ADMINISTRATIVE AUTHORITIES AND TRIBUNALS

Article 93 — Administrative Authorities

Administrative power may be exercised by:

a. the Office of the Rector-President;

b. ministries and bureaus established by law;

c. independent statutory authorities;

d. public institutions;

e. regulatory commissions;

f. territorial or customary administrative bodies;

g. officials acting under a lawful delegation.

Article 94 — Administrative Courts

Administrative justice shall be exercised by:

a. Administrative Tribunals of First Instance;

b. authorized digital administrative chambers;

c. the Sovereign Council of Administrative Review;

d. the High Indigenous Tribunal or a Supreme Tribunal of State Responsibility where established by constitutional statute.

Article 95 — Digital Administrative Justice

§1. Administrative complaints, petitions, hearings, and reviews may be conducted through an authorized digital platform.

§2. A digital administrative determination possesses full internal legal effect where:

a. the deciding authority is competent;

b. identity is verified;

c. the record is preserved;

d. participation is effective;

e. the decision is authenticated.

Article 96 — External Administrative Interface

§1. Where services are physically delivered through the Residual Administrative Unit, the competent Xaraguayan institution may:

a. recognize the administrative fact produced by that service;

b. request documentary cooperation;

c. receive external certificates and records;

d. coordinate technical implementation;

e. issue an internal determination concerning the Xaraguayan effects of the external act.

§2. An external official shall not be classified as a Xaraguayan officer solely because that official provides a service used by a Xaraguayan legal subject.

§3. Direct Xaraguayan administrative jurisdiction over an external official requires consent, contractual submission, applicable cooperation arrangements, or another recognized legal basis.

TITLE III — ADMINISTRATIVE ACTS

Article 97 — Categories of Administrative Acts

Administrative acts include:

a. decrees;

b. regulations;

c. individual decisions;

d. licences and permits;

e. registrations;

f. certifications;

g. circulars and directives;

h. sanctions;

i. notices;

j. express or tacit refusals;

k. administrative contracts where governed by public law.

Article 98 — Conditions of Validity

An administrative act is valid where:

a. the issuing authority is competent;

b. the required procedure has been observed;

c. the factual basis is sufficiently established;

d. the act pursues a lawful purpose;

e. the substance conforms to superior law;

f. the act is properly authenticated and notified.

Article 99 — Irregularity and Nullity

§1. An act may be annulled for:

a. lack of competence;

b. violation of a mandatory procedure;

c. material error of fact;

d. error of law;

e. abuse or diversion of power;

f. manifest disproportionality;

g. fraud or corruption;

h. violation of a constitutional guarantee.

§2. A procedural irregularity shall not invalidate an act where it was immaterial and caused no substantial prejudice.

§3. An act issued without any legal authority may be declared void ab initio.

Article 100 — Administrative Silence

§1. The legal effect of administrative silence shall be determined by the statute or regulation governing the application.

§2. In the absence of a specific rule, silence after expiration of the prescribed decision period shall constitute a reviewable refusal.

§3. Silence shall not constitute authorization for an activity requiring an express security, financial, environmental, judicial, ecclesiastical, or territorial approval.

Article 101 — Correction, Withdrawal, and Revocation

§1. An authority may correct clerical or technical errors without altering the substantive determination.

§2. An unlawful act may be withdrawn according to law.

§3. A lawful act conferring an acquired individual benefit may be revoked only:

a. under express statutory authority;

b. for breach of its conditions;

c. because it was obtained by fraud or material misrepresentation;

d. where an overriding public requirement established by law justifies revocation and any required compensation is provided.

TITLE IV — ADMINISTRATIVE PETITIONS AND REVIEW

Article 102 — Individual Petition

Any person possessing a direct or legally protected interest may submit an administrative petition requesting:

a. a decision;

b. a licence or registration;

c. correction of a record;

d. performance of a statutory duty;

e. reconsideration of an administrative measure;

f. access to an administrative remedy.

Article 103 — Hierarchical Review

§1. A person affected by an administrative decision may request hierarchical review within thirty days after notification unless another period is prescribed.

§2. The reviewing authority may:

a. confirm the decision;

b. amend it;

c. revoke it;

d. suspend it;

e. return the matter for reconsideration;

f. substitute a lawful decision where authorized.

§3. A reasoned determination shall ordinarily be issued within sixty days.

Article 104 — Judicial Review

An administrative act may be submitted to judicial review for:

a. lack of jurisdiction;

b. error of law;

c. procedural unfairness;

d. material error of fact;

e. abuse of discretion;

f. improper purpose;

g. disproportionality;

h. constitutional incompatibility;

i. unreasonable delay;

j. unlawful refusal to exercise jurisdiction.

Article 105 — Urgent Administrative Relief

§1. Where delay may cause serious or irreparable harm, the applicant may request:

a. suspension of the contested act;

b. preservation of an existing legal position;

c. temporary protection;

d. an expedited determination;

e. an order requiring provisional administrative action.

§2. The tribunal shall determine urgency according to the immediacy of the harm, the apparent legal basis of the application, institutional interests, and the balance of prejudice.

Article 106 — Powers on Judicial Review

The reviewing tribunal may:

a. dismiss the application;

b. declare the legal rights of the parties;

c. annul the administrative act;

d. suspend its operation;

e. remit the matter with directions;

f. compel performance of a mandatory administrative duty;

g. prohibit action exceeding jurisdiction;

h. order correction of a public record;

i. grant compensation where expressly authorized;

j. issue another lawful consequential order.

TITLE V — ADMINISTRATIVE LIABILITY

Article 107 — Liability of the Administration

The Xaraguayan administration may incur liability for:

a. an unlawful administrative act;

b. negligence in the performance of a legal duty;

c. unreasonable administrative delay;

d. wrongful refusal of a legally required service;

e. unlawful use or disclosure of protected information;

f. damage caused by an officer acting within public functions;

g. another ground established by statute.

Article 108 — Available Reparations

Administrative reparations may include:

a. annulment;

b. restitution;

c. correction of records;

d. restoration of a licence, registration, office, or entitlement;

e. payment of compensation;

f. a formal institutional declaration;

g. an order requiring performance;

h. costs;

i. another remedy authorized by law.

Article 109 — Personal Liability of Officers

An officer may incur personal liability for:

a. corruption;

b. fraud;

c. deliberate abuse of office;

d. intentional falsification of records;

e. knowing exercise of authority not possessed;

f. retaliation against a petitioner;

g. unauthorized appropriation or disclosure of protected information.

Article 110 — Disciplinary Proceedings

§1. Administrative discipline shall be separate from civil or criminal liability.

§2. Sanctions may include:

a. warning;

b. reprimand;

c. suspension;

d. removal from delegated functions;

e. dismissal;

f. disqualification from public office;

g. referral for civil or criminal proceedings.

§3. No disciplinary sanction shall be imposed without notice, an opportunity to respond, and a reasoned determination.

Article 111 — Protection of Petitioners

§1. No person shall be penalized, denied service, threatened, or subjected to adverse administrative treatment for lawfully:

a. submitting a petition;

b. requesting review;

c. giving evidence;

d. reporting corruption or maladministration;

e. participating in a judicial or administrative proceeding.

§2. Retaliation constitutes an administrative offence and may be referred for disciplinary, civil, or criminal proceedings.

TITLE VI — ADMINISTRATIVE RECORDS AND DIGITAL GOVERNANCE

Article 112 — Administrative Registry

Every competent authority shall preserve:

a. applications;

b. supporting documents;

c. notices;

d. evidence received;

e. internal recommendations where legally recordable;

f. final decisions;

g. proof of notification;

h. review and enforcement records.

Article 113 — Digital Administrative Acts

A digital administrative act is valid where:

a. the authority is identifiable;

b. the officer’s competence is established;

c. the act is digitally authenticated;

d. the contents are preserved;

e. the date and time of issuance are recorded;

f. the recipient can access the act.

Article 114 — Confidentiality and Access

Access to administrative records shall be governed by legislation concerning:

a. public records;

b. personal privacy;

c. institutional confidentiality;

d. national and operational security;

e. protected Indigenous knowledge;

f. commercial confidentiality;

g. ecclesiastical privilege;

h. judicial confidentiality.

BOOK V — FINAL, TRANSITIONAL, AND INSTITUTIONAL PROVISIONS

Article 115 — Constitutional Interpretation

This Code shall be interpreted consistently with:

a. the Constitution of Xaragua;

b. the autonomous character of the Xaraguayan legal order;

c. customary Indigenous law;

d. the Catholic constitutional identity of Xaragua;

e. judicial independence;

f. procedural equality;

g. access to justice;

h. legal certainty;

i. institutional continuity;

j. effective public administration.

Article 116 — Jurisdictional Integrity

§1. Customary, canonical, civil, and administrative principles shall be applied within their competent legal fields.

§2. No jurisdictional tradition shall be used to eliminate an express procedural guarantee established by this Code.

§3. Where a competent canonical or customary rule governs a specialized question, the civil or administrative tribunal shall define the internal effects of that rule without assuming the jurisdiction of the originating authority.

Article 117 — Legal Status of the Administrative Interface

§1. Reliance upon an external court, registry, notary, police service, civil administration, postal system, or enforcement mechanism constitutes practical administrative coordination.

§2. Such reliance shall not be interpreted within the Xaraguayan legal order as:

a. abandonment of Indigenous title;

b. dissolution of Xaraguayan jurisdiction;

c. transfer of constitutional authority;

d. incorporation of Xaragua into an external legal order;

e. automatic reception of external legislation.

Article 118 — Institutional Cooperation

The competent Xaraguayan authority may conclude instruments concerning:

a. service of proceedings;

b. exchange of records;

c. judicial assistance;

d. recognition of judgments;

e. arbitration;

f. protection of vulnerable persons;

g. enforcement of contractual obligations;

h. land and civil-status registration;

i. digital authentication;

j. administrative coordination.

Article 119 — Amendment

§1. This Code possesses entrenched statutory rank.

§2. It may be amended only through:

a. a supreme constitutional statute;

b. an express rectoral legislative act issued under constitutional authority.

§3. Consultation with the High Indigenous Tribunal, competent customary authorities, and qualified canonical advisers may be required where an amendment directly affects their respective jurisdictions.

§4. No provision of this Code shall be repealed solely by implication.

Article 120 — Transitional Proceedings

§1. Proceedings commenced before the entry into force of this consolidated Code shall continue under its provisions unless:

a. a transitional order directs otherwise;

b. immediate application would cause material procedural injustice;

c. a vested procedural determination has already become final.

§2. Prior valid procedural acts shall remain effective unless expressly annulled by a competent tribunal.

Article 121 — Repeal of Inconsistent Instruments

All prior civil or administrative procedural rules inconsistent with this Code are repealed or displaced to the extent of the inconsistency.

Article 122 — Entry into Force

This Code enters into force within the Xaraguayan legal order on the date of promulgation.

PROMULGATED, AUTHENTICATED, AND SEALED

Office of the Rector-President

Sovereign Catholic Indigenous and Private State of Xaragua

June 14, 2025

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President

Supreme Guardian of the Xaraguayan Constitutional Order

Registered in the Corpus Legis Canonico-Indigenarum

Operative Ex Proprio Vigore within the Xaraguayan Legal Order

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

XARAGUAYAN CODE OF CIVIL AND ADMINISTRATIVE PROCEDURE

Date of Original Promulgation: June 14, 2025

Issuing Authority: Office of the Rector-President

Supreme Judicial Authority: High Indigenous Tribunal

Official Classification: Constitutionally Entrenched Judicial Code — Indigenous Civil and Administrative Procedure Instrument — Customary and Catholic Institutional Act — Judicial Organization, Adjudication, Review, Recognition, and Enforcement Framework

Internal Operative Force: Ex proprio vigore throughout the Xaraguayan legal order

Official Repository: Corpus Legis Canonico-Indigenarum

PRELIMINARY TITLE — LEGAL NATURE, AUTHORITY, AND SCOPE

Article 1 — Constitutional Character

§1. This Code establishes the rules governing civil proceedings, special civil procedures, the organization of civil courts, administrative decision-making, administrative adjudication, judicial review, and the execution of judgments within the Sovereign Catholic Indigenous and Private State of Xaragua.

§2. This Code constitutes an internal instrument of the autonomous legal order of Xaragua as a customary Indigenous and Catholic State not constituted according to the institutional model of the Westphalian nation-state.

§3. Its provisions bind all Xaraguayan courts, administrative authorities, public offices, statutory institutions, recognized customary authorities, authorized judicial officers, legal representatives, parties, and persons submitting to Xaraguayan jurisdiction.

Article 2 — Sources of Procedural Law

Xaraguan civil and administrative procedure shall be governed according to the following hierarchy:

a. the Constitution of Xaragua;

b. supreme constitutional statutes;

c. this Code;

d. duly promulgated civil and administrative legislation;

e. customary Indigenous law within its competent field;

f. institutional statutes and regulations;

g. Catholic canon law within the exclusive or properly received sphere of canonical jurisdiction;

h. judicial precedents recognized by the High Indigenous Tribunal;

i. external law expressly received into the Xaraguayan legal order.

Article 3 — Autonomy of the Legal Order

§1. No external legislative, judicial, administrative, ecclesiastical, or supranational instrument shall automatically amend, suspend, repeal, or displace this Code.

§2. External law may acquire effect within the Xaraguayan legal order only through:

a. constitutional reception;

b. legislative incorporation;

c. an applicable cooperation instrument;

d. a valid contractual choice of law;

e. judicial recognition;

f. a rule of private international law enacted by Xaragua.

§3. Internal validity and external recognition constitute distinct legal questions.

Article 4 — Jurisdictional Differentiation

§1. Xaraguayan civil jurisdiction, customary Indigenous jurisdiction, administrative jurisdiction, and Catholic canonical jurisdiction remain legally distinct.

§2. Each jurisdiction shall act exclusively within the competence assigned to it by its governing law.

§3. A decision originating in one jurisdiction may receive effects in another only through a rule of competence, recognition, referral, or reception established by Xaraguayan law.

§4. No judicial or administrative authority may exercise ecclesiastical jurisdiction reserved by canon law without competent canonical authorization.

Article 5 — Fundamental Procedural Guarantees

Every proceeding governed by this Code shall preserve:

a. lawful jurisdiction;

b. adequate notice;

c. the right to be heard;

d. procedural equality;

e. judicial impartiality;

f. access to relevant evidence;

g. the right to contest adverse evidence;

h. a reasoned determination;

i. access to review or appeal where provided by law;

j. enforcement proportionate to the judgment rendered.

BOOK I — GENERAL CIVIL PROCEDURE

TITLE I — CIVIL JURISDICTION

Article 6 — Scope of Civil Jurisdiction

Xaraguan civil courts possess jurisdiction where:

a. the defendant is domiciled, resident, registered, or institutionally incorporated in Xaragua;

b. the relevant obligation is governed by Xaraguayan law;

c. the dispute concerns a Xaraguayan public, private, religious, academic, economic, financial, or customary institution;

d. the property, entitlement, account, licence, status, or record concerned is registered or administered under Xaraguayan law;

e. the material act occurred within a Xaraguayan institution, platform, territorial community, administered domain, or legally protected activity;

f. the parties have validly submitted to Xaraguayan jurisdiction;

g. customary Indigenous law assigns the matter to a Xaraguayan authority;

h. a statute, regulation, charter, contract, or judicial recognition instrument expressly confers jurisdiction.

Article 7 — Judicial Bodies

Civil jurisdiction may be exercised by:

a. the High Indigenous Tribunal;

b. the Sovereign Civil Court;

c. a Local Civil Magistracy;

d. a customary tribunal constituted according to law;

e. an authorized digital civil chamber;

f. a special tribunal established by statute;

g. an arbitral or mediation body recognized under Xaraguayan law.

Article 8 — High Indigenous Tribunal

§1. The High Indigenous Tribunal constitutes the supreme judicial authority for the interpretation and application of Xaraguayan civil procedure.

§2. It shall determine:

a. final civil appeals;

b. conflicts of jurisdiction;

c. constitutional questions arising from civil litigation;

d. extraordinary applications for review;

e. recognition of judgments affecting fundamental institutional interests;

f. questions reserved to it by statute.

Article 9 — Customary Jurisdiction

§1. A recognized customary tribunal may adjudicate matters concerning:

a. customary membership;

b. kinship recognized by Indigenous law;

c. communal property;

d. traditional occupation and use rights;

e. internal community obligations;

f. customary restitution;

g. community mediation;

h. matters expressly assigned by statute.

§2. Customary jurisdiction shall observe the Constitution, applicable jurisdictional legislation, and the procedural guarantees established by this Code.

§3. A customary judgment affecting a person situated outside the relevant customary relationship requires an independent legal basis of jurisdiction.

Article 10 — Canonical Matters

§1. Catholic ecclesiastical tribunals shall exercise the jurisdiction assigned to them by canon law.

§2. Xaraguayan civil courts may recognize a competent canonical determination concerning:

a. canonical status;

b. the canonical validity or nullity of marriage;

c. ecclesiastical office;

d. ecclesiastical discipline;

e. Church property;

f. internal religious obligations;

g. another matter reserved to competent ecclesiastical authority.

§3. Recognition of a canonical determination shall not automatically dispose of separate civil questions concerning property, support, custody, contractual liability, registration, or civil remedies.

Article 11 — Conflicts of Jurisdiction

§1. A tribunal shall examine its jurisdiction before determining the merits.

§2. Where concurrent jurisdiction exists, the court shall determine the competent forum according to:

a. the principal subject matter;

b. the legal status of the parties;

c. the nature of the right asserted;

d. the location or registration of the property;

e. an applicable jurisdiction agreement;

f. the requirements of effective justice.

§3. A jurisdictional conflict between Xaraguayan judicial bodies shall be referred to the High Indigenous Tribunal.

TITLE II — PARTIES AND COMMENCEMENT OF PROCEEDINGS

Article 12 — Standing

A person may commence a civil proceeding where that person:

a. asserts a direct and legally protected interest;

b. acts through a valid mandate;

c. represents a legal person, public institution, community, or collective possessing legal capacity;

d. acts for a minor or protected person under lawful authority;

e. is authorized by statute to defend a public, customary, communal, religious, or institutional interest.

Article 13 — Collective and Institutional Representation

§1. A family, community, customary body, public institution, association, corporation, foundation, religious body, or other recognized legal person may act through an authorized representative.

§2. Proof of representative authority shall be filed with the tribunal.

§3. An elder, cleric, public officer, institutional official, or family representative possesses no automatic representative authority unless such authority arises from:

a. the consent of the represented persons;

b. applicable customary law;

c. institutional law;

d. canonical competence;

e. a statute;

f. a judicial order.

Article 14 — Originating Application

A civil proceeding shall commence by an application stating:

a. the identity and procedural capacity of the parties;

b. the material facts;

c. the legal basis of the claim;

d. the remedy requested;

e. the jurisdictional basis;

f. the documents and evidence then available;

g. any application for provisional protection;

h. the signature or authenticated digital validation of the claimant or representative.

Article 15 — Methods of Filing

§1. An application may be filed:

a. physically with the Judicial Registry;

b. through an official digital judicial platform;

c. through another secure system authorized by the High Indigenous Tribunal;

d. orally before an authorized judicial officer where disability, illiteracy, emergency, geographic isolation, or material impossibility prevents written filing.

§2. An oral application shall be transcribed, read or explained to the applicant, authenticated, and registered without undue delay.

Article 16 — Registration of Proceedings

§1. The Registry shall assign every proceeding:

a. a case number;

b. a filing date;

c. a designated chamber;

d. an authoritative procedural language;

e. an official physical or digital file.

§2. Registration shall not constitute a final determination of jurisdiction or admissibility.

Article 17 — Court Fees

§1. Judicial fees shall be established by regulation.

§2. The tribunal may waive, reduce, defer, or structure payment where ordinary payment would materially obstruct access to justice.

§3. Urgent protective relief shall not be refused solely because of an applicant’s inability to pay.

TITLE III — SERVICE AND NOTIFICATION

Article 18 — Service of Proceedings

Service may be completed by:

a. personal delivery;

b. registered postal delivery;

c. verified electronic communication;

d. an authorized process officer;

e. an institutional or customary messenger registered by the court;

f. delivery to an authorized representative;

g. another method ordered by the tribunal.

Article 19 — Electronic Service

Electronic service is valid where:

a. the address, account, or digital identity is sufficiently verified;

b. transmission is recorded;

c. the document remains accessible;

d. receipt is acknowledged or otherwise established;

e. the tribunal has not required another method.

Article 20 — Substituted Service

Where ordinary service cannot reasonably be completed, the tribunal may authorize:

a. delivery to an adult at the defendant’s usual residence;

b. service upon an authorized institutional representative;

c. posting at a designated physical location;

d. publication in an official registry or gazette;

e. secure electronic publication;

f. another method reasonably calculated to provide effective notice.

Article 21 — External Service

§1. Service outside effective Xaraguayan administrative control may occur through:

a. accepted electronic service;

b. a contractual notification procedure;

c. a cooperating external authority;

d. an applicable postal or private service;

e. a recognized judicial-assistance mechanism;

f. another method lawful at the place of service and accepted by the Xaraguayan tribunal.

§2. Where a proceeding concerns a person or property administered through the Residual Administrative Unit, the registry may transmit the instrument through the competent administrative, judicial, postal, notarial, or enforcement channel operating at the relevant location.

§3. Such transmission constitutes administrative interface and does not alter the internal jurisdictional basis of the proceeding.

Article 22 — Proof of Service

Proof of service may be established by:

a. an affidavit or certificate of delivery;

b. a postal confirmation;

c. an authenticated electronic record;

d. testimony;

e. acknowledgment by the receiving party;

f. another reliable record accepted by the tribunal.

TITLE IV — DEFENCE AND PRELIMINARY DETERMINATIONS

Article 23 — Response

The defendant shall file a response:

a. admitting, denying, or requiring proof of material allegations;

b. identifying affirmative defences;

c. stating any jurisdictional objection;

d. presenting any counterclaim;

e. identifying relevant documents and witnesses;

f. requesting any preliminary or provisional order.

Article 24 — Default

§1. Where a defendant fails to respond following valid service, the claimant may request judgment by default.

§2. Before granting default judgment, the tribunal shall verify:

a. jurisdiction;

b. procedural capacity;

c. validity of service;

d. legal sufficiency of the claim;

e. evidence supporting the remedy;

f. absence of manifest injustice.

§3. Default shall not constitute automatic admission of an unlawful, unsupported, or jurisdictionally defective claim.

Article 25 — Preliminary Objections

A party may raise:

a. lack of jurisdiction;

b. improper constitution of the tribunal;

c. defective service;

d. absence of standing or procedural capacity;

e. duplication of proceedings;

f. expiration of an applicable limitation period;

g. existence of an arbitration or forum-selection agreement;

h. immunity recognized by Xaraguayan law;

i. failure to disclose a legally sufficient claim;

j. another preliminary bar established by statute.

Article 26 — Interim Measures

The tribunal may order provisional relief where necessary to:

a. prevent serious or irreparable harm;

b. preserve property, evidence, records, or funds;

c. maintain an existing legal or factual condition;

d. protect a minor or vulnerable person;

e. prevent dissipation or concealment of assets;

f. secure the effectiveness of a future judgment;

g. suspend a contested institutional action pending determination.

Article 27 — Ex Parte Orders

§1. A provisional order may be issued without prior notice where immediate action is strictly necessary.

§2. The applicant shall disclose all material facts, including facts adverse to the application.

§3. An ex parte order shall:

a. state its grounds;

b. define its duration;

c. be served without delay;

d. provide an early opportunity for review by the affected party.

TITLE V — CASE MANAGEMENT, HEARINGS, AND EVIDENCE

Article 28 — Procedural Form

Proceedings may be conducted orally, in writing, digitally, physically, or through a hybrid procedure according to:

a. the nature and complexity of the dispute;

b. evidentiary requirements;

c. accessibility;

d. security;

e. proportionality;

f. territorial conditions;

g. the effective administration of justice.

Article 29 — Case Management Authority

The tribunal may establish:

a. filing deadlines;

b. disclosure schedules;

c. witness lists;

d. expert-report requirements;

e. preliminary questions;

f. mediation or settlement conferences;

g. hearing dates;

h. limits on duplicative evidence;

i. confidentiality measures;

j. procedures for digital evidence;

k. any direction required for orderly determination.

Article 30 — Representation

§1. A party may appear personally or through an authorized legal representative.

§2. Legal representatives may include advocates, attorneys, authorized canonical advocates within their competence, customary legal representatives, and sovereign legal technicians recognized by regulation.

§3. Absence of counsel shall not invalidate a proceeding.

§4. The tribunal shall explain essential procedural requirements to an unrepresented party without assuming partisan representation.

Article 31 — Procedural Equality

§1. All parties possess equal procedural status before the tribunal.

§2. No determinative preference shall be granted by reason of:

a. public office;

b. citizenship classification;

c. religious office or status;

d. ancestry;

e. nationality;

f. institutional affiliation;

g. wealth;

h. literacy;

i. political function.

§3. The court may order accommodations necessary for effective participation.

Article 32 — Judicial Impartiality

A judicial officer shall withdraw where a personal, financial, institutional, familial, religious, political, or prior professional relationship creates a reasonable appearance of bias or a material conflict of interest.

Article 33 — Admissibility of Evidence

§1. Evidence shall be relevant, sufficiently reliable, and obtained through lawful means.

§2. The tribunal may receive:

a. documentary evidence;

b. oral testimony;

c. material evidence;

d. authenticated digital evidence;

e. expert evidence;

f. institutional records;

g. customary evidence;

h. historical and archival evidence;

i. canonical evidence within its competent subject matter.

§3. The weight assigned to evidence shall depend upon its origin, authenticity, reliability, consistency, and relevance.

Article 34 — Digital Evidence

Digital evidence may include:

a. electronic correspondence;

b. messages;

c. audio or audiovisual recordings;

d. platform records;

e. metadata;

f. electronic contracts;

g. cryptographic records;

h. digitally signed documents;

i. certified database extracts.

The opposing party shall receive a reasonable opportunity to examine and contest authenticity, integrity, origin, and interpretation.

Article 35 — Testimony

§1. A witness shall undertake to testify truthfully through:

a. a religious oath;

b. a customary oath;

c. a solemn civil affirmation.

§2. No witness shall be compelled to use a religious formula contrary to personal conscience.

§3. False testimony may be referred for investigation or prosecution under applicable law.

Article 36 — Experts

§1. The tribunal may receive expert evidence concerning technical, scientific, medical, financial, historical, customary, linguistic, archival, religious, or institutional questions.

§2. An expert owes a primary duty of objectivity to the tribunal.

§3. The tribunal may appoint an independent expert where necessary.

Article 37 — Public and Restricted Hearings

§1. Civil hearings shall be public unless restriction is required to protect:

a. minors;

b. family privacy;

c. medical information;

d. protected Indigenous knowledge;

e. confidential financial or commercial information;

f. trade secrets;

g. state or institutional security;

h. privileged ecclesiastical records;

i. the integrity of the administration of justice.

§2. Any restriction shall be limited in scope and duration to what is necessary.

TITLE VI — JUDGMENTS

Article 38 — Requirements of Judgment

A civil judgment shall identify:

a. the tribunal and judicial officer;

b. the case number;

c. the parties and representatives;

d. the claims and defences;

e. the material findings of fact;

f. the applicable law;

g. the legal conclusions;

h. the remedies ordered;

i. costs and interest, where applicable;

j. the available procedure for review or appeal.

Article 39 — Registration and Authentication

§1. Every judgment shall be entered in the Sovereign Judicial Registry.

§2. The authoritative copy may be physical or digital.

§3. A digital judgment shall bear an authenticated judicial signature, institutional certificate, or cryptographic seal.

§4. Failure to produce a ceremonial formula shall not invalidate an otherwise authenticated judgment.

Article 40 — Available Remedies

The tribunal may order:

a. declaratory relief;

b. payment of a determined amount;

c. restitution;

d. specific performance;

e. an injunction;

f. correction of an institutional record;

g. partition, transfer, preservation, or administration of property;

h. recognition, rectification, or termination of a legal status within Xaraguayan jurisdiction;

i. customary restitution authorized by law;

j. implementation of a mediated settlement;

k. costs and lawful interest;

l. another remedy expressly authorized by statute.

Article 41 — Proportionality of Remedies

§1. A remedy shall correspond to the right established, the harm proved, and the tribunal’s jurisdiction.

§2. A tribunal shall not grant relief exceeding the claim, the evidence, or its lawful competence.

§3. Customary, institutional, symbolic, or religious considerations may inform the form of relief but shall not replace the findings legally required for judgment.

TITLE VII — APPEALS AND EXTRAORDINARY REVIEW

Article 42 — Ordinary Appeal

§1. A final civil judgment may be appealed on a question of:

a. law;

b. fact;

c. jurisdiction;

d. procedural fairness;

e. admissibility or assessment of evidence;

f. remedy.

§2. The appeal shall ordinarily be filed within forty days following formal notification of judgment.

§3. The appellate tribunal may extend the period where exceptional circumstances are established and no substantial prejudice results.

Article 43 — Appellate Powers

The appellate tribunal may:

a. affirm the judgment;

b. reverse the judgment;

c. vary the judgment or remedy;

d. order a new hearing;

e. admit new evidence where legally justified;

f. remit the matter with binding directions;

g. declare the original tribunal without jurisdiction;

h. issue any consequential order required by justice.

Article 44 — Extraordinary Review

A final judgment may be reopened where the applicant establishes:

a. fraud affecting the proceeding;

b. decisive new evidence that could not reasonably have been produced earlier;

c. a fundamental procedural defect;

d. absence of jurisdiction;

e. material falsification or corruption of the judicial record;

f. another exceptional ground expressly established by law.

Article 45 — Finality

A judgment of the High Indigenous Tribunal is final within the Xaraguayan legal order, subject only to:

a. constitutional reconsideration expressly authorized by law;

b. correction of clerical error;

c. extraordinary review under this Code;

d. a competent canonical determination limited to a matter reserved by canon law.

TITLE VIII — ENFORCEMENT

Article 46 — Internal Enforcement Measures

A judgment may be enforced through:

a. a payment order;

b. garnishment of an account, entitlement, or payment administered within the Xaraguayan order;

c. registration against property governed by Xaraguayan law;

d. restitution or delivery of property;

e. an injunction;

f. correction or suspension of a licence, registration, office, or institutional privilege;

g. enforcement by an authorized officer;

h. contempt proceedings;

i. another enforcement measure established by statute.

Article 47 — Enforcement Officers

§1. Coercive enforcement may be performed only by officers lawfully appointed, commissioned, or contracted for that purpose.

§2. Clerics, customary elders, institutional messengers, notaries, and members of Catholic organizations possess no coercive civil authority solely by reason of religious, customary, or institutional status.

§3. A customary officer may execute a judgment within the limits of a recognized customary jurisdiction and according to applicable law.

Article 48 — Enforcement Through the Administrative Interface

§1. Where property, records, persons, or enforcement mechanisms are administered through the Residual Administrative Unit, the competent Xaraguayan authority may transmit the judgment for:

a. voluntary implementation;

b. administrative registration;

c. notarial execution;

d. judicial recognition;

e. contractual execution;

f. implementation through an applicable cooperation mechanism.

§2. Transmission through the administrative interface shall not constitute transfer of Xaraguayan jurisdiction.

§3. The legal effect produced outside effective Xaraguayan administrative control shall depend upon the applicable external procedure, agreement, or voluntary compliance mechanism.

Article 49 — Recognition of External Judgments

An external civil judgment may be recognized where:

a. the issuing body possessed a sufficient jurisdictional basis;

b. the affected party received adequate notice;

c. the parties received a reasonable opportunity to be heard;

d. the judgment is final or enforceable;

e. the judgment was not obtained by fraud;

f. recognition does not violate Xaraguayan constitutional public order;

g. the judgment does not purport to determine an exclusively internal constitutional, citizenship, customary, canonical, or institutional matter.

BOOK II — SPECIAL CIVIL PROCEDURES

TITLE I — FAMILY, MATRIMONIAL, AND PROTECTIVE PROCEEDINGS

Article 50 — Civil and Canonical Effects of Marriage

§1. The canonical validity of a Catholic marriage shall be determined by competent ecclesiastical authority.

§2. Civil registration, property, maintenance, guardianship, succession, and related civil effects shall be determined by the competent Xaraguayan civil tribunal.

§3. A marriage celebrated outside Xaragua may be entered in the Xaraguayan registry upon production of:

a. proof of identity;

b. an authentic marriage record;

c. evidence of canonical conformity where canonical recognition is requested;

d. any additional information required by regulation.

Article 51 — Canonical Nullity and Civil Separation

§1. Canonical nullity shall be determined exclusively by a competent ecclesiastical tribunal.

§2. A civil tribunal may determine:

a. separation of residence;

b. protection orders;

c. financial support;

d. administration or division of property;

e. parental responsibility;

f. other civil consequences within Xaraguayan jurisdiction.

§3. A civil determination shall not purport to declare the sacramental nullity of a marriage.

Article 52 — Custody and Guardianship

§1. Every custody or guardianship determination shall give primary consideration to the protection, development, stability, education, identity, and lawful interests of the child or protected person.

§2. The tribunal may consider:

a. family continuity;

b. Indigenous cultural continuity;

c. spiritual and educational formation;

d. physical and psychological security;

e. the capacity of each proposed guardian;

f. the views of the child where appropriate;

g. existing family and community relationships.

§3. Every appointment shall be recorded in the competent judicial registry.

Article 53 — Emergency Protection

The tribunal may order:

a. emergency housing;

b. temporary guardianship;

c. provisional custody;

d. restricted contact;

e. preservation or freezing of assets;

f. medical or social protection;

g. any other temporary measure necessary to protect a vulnerable person.

TITLE II — SUCCESSION AND ESTATE PROCEDURE

Article 54 — Testamentary Instruments

§1. A will may be executed in a statutory, customary, notarial, or canonically authenticated form recognized by Xaraguayan law.

§2. A written will shall ordinarily:

a. identify the testator;

b. express testamentary intention;

c. identify the relevant property or beneficiaries;

d. bear the testator’s signature or authenticated mark;

e. be witnessed by two competent persons or authenticated by an authorized notary or officer.

§3. Deposit in the Sovereign Testamentary Registry shall establish official custody but shall not be the exclusive condition of validity unless required by statute.

Article 55 — Oral Wills

§1. An oral or nuncupative will may be recognized where made under imminent danger of death or material impossibility of written execution.

§2. The declaration shall be witnessed and transcribed within forty-eight hours where reasonably possible.

§3. The tribunal shall examine the circumstances, capacity of the testator, consistency of testimony, and authenticity of the declaration.

Article 56 — Opening of Succession

A succession shall be opened upon legally sufficient proof of death established through:

a. a civil death certificate;

b. an authenticated external record;

c. an ecclesiastical or institutional register possessing evidentiary value;

d. a judicial declaration of death;

e. another reliable form accepted by the tribunal.

Article 57 — Administration and Distribution

§1. Estate property shall be identified, preserved, valued, and distributed according to the applicable testamentary, civil, customary, and property rules.

§2. No distinction among heirs shall be imposed solely on the basis of birth inside or outside a canonical marriage.

§3. Customary lineage rules may be applied where legally relevant and consistent with the Constitution and applicable protective legislation.

§4. Property situated outside effective Xaraguayan administrative control shall be administered through the applicable local, contractual, judicial, or cooperation procedure.

TITLE III — DIGITAL AND REMOTE LITIGATION

Article 58 — Remote Hearings

A proceeding may be conducted remotely where:

a. the tribunal is lawfully constituted;

b. participant identities are verified;

c. all parties can participate effectively;

d. communications are sufficiently secure;

e. evidence can be presented and contested;

f. an authoritative record is preserved.

Article 59 — Legal Equivalence

A properly constituted remote hearing possesses the same internal juridical force as a physical hearing.

Article 60 — Digital Summons and Filings

Digital instruments may be transmitted through:

a. encrypted electronic mail;

b. an official messaging system;

c. a registered judicial account;

d. a digital platform authorized by the High Indigenous Tribunal;

e. another verifiable electronic channel.

Article 61 — Digital Identity and Signatures

A digital signature, institutional certificate, cryptographic seal, verified account, or other approved authentication method may satisfy a procedural signature requirement.

TITLE IV — URGENT AND CONSERVATORY PROCEDURES

Article 62 — Summary Injunction

§1. Where delay may produce serious harm, loss of rights, dissipation of property, destruction of evidence, or institutional disruption, the tribunal may issue a summary interim order.

§2. The order may be issued ex parte where immediate action is necessary.

§3. Unless otherwise ordered after hearing the affected parties, the initial order shall remain effective for no more than thirty days.

Article 63 — Preservation of Property and Records

The tribunal may order:

a. temporary asset restraint;

b. sequestration;

c. preservation of land or buildings;

d. prohibition of transfer;

e. protection of digital records;

f. deposit of contested property with a neutral custodian;

g. inspection or inventory.

TITLE V — PROPERTY ACQUISITION AND PROTECTED-SITE PROCEEDINGS

Article 64 — Public-Purpose Acquisition

§1. Property governed by Xaraguayan law may be acquired compulsorily only:

a. under express statutory authority;

b. for a defined public, institutional, educational, religious, environmental, infrastructure, heritage, or security purpose;

c. following adequate notice;

d. following an opportunity to contest the acquisition;

e. upon determination of compensation according to law.

§2. Compensation may consist of money, substitute property, contractual benefits, or another form expressly accepted by the affected owner.

§3. A contested acquisition shall be subject to judicial review.

Article 65 — Protected Indigenous, Historical, and Religious Sites

§1. Proceedings concerning a protected site shall be heard by the competent civil, customary, or specialized chamber.

§2. The tribunal may receive:

a. historical evidence;

b. archival records;

c. archaeological and anthropological evidence;

d. customary testimony;

e. evidence from a lawful site custodian;

f. canonical evidence where ecclesiastical interests are involved;

g. land and registration records.

§3. A Xaraguayan designation shall determine the internal constitutional status of the site.

§4. Questions concerning possession, access, registration, or enforcement outside effective Xaraguayan administration shall proceed through the applicable recognition, cooperation, property, or administrative mechanism.

TITLE VI — LIMITATION PERIODS

Article 66 — General Periods

Unless another statute provides otherwise:

a. contractual actions shall be commenced within three years;

b. ordinary succession claims shall be commenced within two years after the claimant knew or reasonably should have known of the material basis of the claim;

c. civil claims concerning matrimonial property shall be commenced within the period prescribed by regulation;

d. applications for canonical nullity shall be governed by applicable canon law.

Article 67 — Suspension and Extension

The running of a limitation period may be suspended or extended because of:

a. minority;

b. incapacity;

c. fraud or concealment;

d. material impossibility;

e. continuing administration of an estate;

f. another ground established by law.

Article 68 — Non-Prescriptible Matters

The following shall not be extinguished solely through an ordinary civil limitation period:

a. the internal constitutional status of Xaragua;

b. the existence of a constitutionally protected Indigenous collective title;

c. the legal classification of an inalienable public or customary asset;

d. a matter declared non-prescriptible by constitutional statute;

e. a canonical matter not subject to prescription under applicable canon law.

BOOK III — ORGANIZATION OF THE CIVIL JUDICIARY

TITLE I — JUDICIAL STRUCTURE

Article 69 — Components of the Civil Judiciary

The civil judiciary consists of:

a. Local Civil Magistracies;

b. the Sovereign Civil Court;

c. recognized customary tribunals;

d. authorized digital civil chambers;

e. specialized statutory tribunals;

f. the High Indigenous Tribunal.

Article 70 — Territorial and Digital Competence

§1. Judicial competence may be territorial, personal, institutional, customary, subject-matter based, or digital.

§2. A judicial chamber may exercise authority through a physical seat, a secure digital platform, or a hybrid institutional arrangement.

§3. The absence of a permanent physical courthouse in a particular zone shall not invalidate the jurisdiction of a lawfully constituted digital or itinerant chamber.

Article 71 — Judicial Hierarchy

The ordinary hierarchy is:

a. Local Civil Magistracy or competent tribunal of first instance;

b. Sovereign Civil Court sitting in appellate formation;

c. High Indigenous Tribunal.

§2. A statute may establish a specialized appellate route.

§3. Customary and canonical matters shall follow their competent systems of review, subject to constitutional questions reserved to the High Indigenous Tribunal.

TITLE II — JUDICIAL PERSONNEL

Article 72 — Appointment of Judges

§1. Judges of the ordinary and digital civil courts shall be appointed according to the Constitution by the Rector-President or another authority expressly designated by statute.

§2. Customary adjudicators shall be designated according to recognized customary law and formally registered by the competent judicial authority.

§3. Appointment shall specify:

a. jurisdiction;

b. term or conditions of office;

c. chamber;

d. subject-matter competence;

e. disciplinary authority.

Article 73 — Judicial Oath

Before assuming office, every judicial officer shall undertake to:

a. uphold the Constitution;

b. apply the law independently;

c. preserve impartiality;

d. protect confidential information;

e. refuse corruption and unauthorized influence;

f. render decisions according to the record and applicable law.

Article 74 — Judicial Officers and Registry Personnel

A court may include:

a. judges;

b. judicial assessors;

c. registrars;

d. clerks;

e. archivists;

f. notaries;

g. interpreters;

h. digital-security officers;

i. customary or canonical advisers where competent;

j. enforcement officers.

Article 75 — Judicial Immunity

§1. A judge possesses functional immunity for acts performed in good faith within judicial competence.

§2. Functional immunity does not extend to:

a. corruption;

b. fraud;

c. deliberate falsification of records;

d. unauthorized disclosure of protected information;

e. conduct manifestly outside judicial office;

f. criminal acts unrelated to lawful adjudication.

Article 76 — Judicial Discipline

§1. Judicial discipline shall be exercised by the body designated by constitutional or statutory law.

§2. Disciplinary proceedings shall provide:

a. written allegations;

b. notice;

c. an opportunity to respond;

d. an impartial determination;

e. a reasoned decision;

f. review where provided by law.

TITLE III — JUDICIAL ACTS, SEALS, AND REGISTERS

Article 77 — Formal Requirements

Every formal procedural act shall ordinarily be:

a. dated;

b. numbered;

c. attributed to an issuing authority;

d. signed or digitally authenticated;

e. entered in the competent registry.

Article 78 — Official Seals and Signatures

§1. Judicial acts may bear the official seal of the issuing tribunal.

§2. The formula “In Nomine Dei et Legis Xaraguanorum” may accompany final acts as an institutional attestation.

§3. Omission of a ceremonial formula shall not invalidate an act that otherwise satisfies mandatory legal requirements.

Article 79 — Forgery and Unauthorized Use

Forgery, alteration, fraudulent reproduction, or unauthorized use of a judicial seal, signature, certificate, record, or digital credential shall be referred for civil, disciplinary, or criminal proceedings.

Article 80 — Judicial Archives

Judicial records shall be maintained in:

a. the Sovereign Judicial Registry;

b. authorized customary registers;

c. competent canonical archives for ecclesiastical matters;

d. the Sovereign Digital Repository;

e. any specialized registry established by statute.

TITLE IV — LANGUAGE AND ACCESS TO JUSTICE

Article 81 — Judicial Languages

§1. Proceedings may be conducted in:

a. Kreyòl;

b. French;

c. Spanish;

d. administrative English;

e. Latin for specifically defined canonical material;

f. another language authorized by the tribunal.

§2. The tribunal shall designate the authoritative procedural language of each case.

§3. Interpretation or translation shall be provided where necessary for effective participation.

Article 82 — Protected Documents

§1. Religious, customary, archival, technical, medical, commercial, or security-classified documents may be translated or disclosed subject to protective conditions.

§2. Competent ecclesiastical authorization may be required where canon law lawfully restricts reproduction of ecclesiastical records.

§3. The tribunal may adopt closed-review procedures, confidentiality orders, redactions, restricted access, or expert summaries.

Article 83 — Legal Assistance

§1. A party may request assistance from:

a. a recognized advocate;

b. a canonical advocate acting within canonical competence;

c. a customary legal representative;

d. a sovereign legal technician;

e. a court-appointed representative where authorized.

§2. Legal-aid arrangements shall be governed by regulation and available institutional capacity.

TITLE V — TRANSITIONAL JUDICIAL ADMINISTRATION

Article 84 — Administrative Interface with External Institutions

§1. Until Xaraguayan territorial judicial infrastructure is fully operational, parties may use existing courts, notaries, registries, police services, process servers, and administrative offices of the Residual Administrative Unit for matters requiring physical implementation.

§2. Use of such services constitutes functional administrative interface and does not transfer the internal legislative or constitutional competence of Xaragua.

§3. A determination issued by an external body shall possess effect within Xaragua only according to the recognition rules established by this Code.

Article 85 — Digital Judicial Continuity

Authorized digital courts shall provide institutional continuity where physical access is unavailable, impracticable, or disproportionate.

Article 86 — Supremacy Within the Internal Order

Within the Xaraguayan legal order:

a. the Constitution prevails over inconsistent procedural rules;

b. this Code prevails over prior inconsistent subordinate instruments;

c. judgments of the High Indigenous Tribunal bind subordinate Xaraguayan judicial bodies;

d. external judgments remain subject to recognition under Article 49.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

XARAGUAYAN CODE OF CRIMINAL PROCEDURE

Date of Original Promulgation: June 14, 2025

Issuing Authority: Office of the Rector-President

Competent Judicial Authority: High Indigenous Tribunal

Official Classification: Constitutionally Entrenched Judicial Code — Indigenous Criminal-Procedure Instrument — Customary and Catholic Institutional Act — Penal-Enforcement Framework — Permanent Judicial Record

Internal Operative Force: Ex proprio vigore within the Xaraguayan legal order

PRELIMINARY PROVISION

The Sovereign Catholic Indigenous and Private State of Xaragua constitutes a customary Indigenous and Catholic State. It is not constituted as a nation-state and does not derive its judicial authority from the Westphalian model, the constitutional order of a foreign state, or external diplomatic recognition.

The criminal jurisdiction of Xaragua proceeds from its Constitution, customary Indigenous law, institutional continuity, territorial and personal jurisdiction, Catholic constitutional character, enacted penal legislation, and permanent judicial institutions.

BOOK I — GENERAL CRIMINAL PROCEDURE

TITLE I — JUDICIAL AUTHORITY AND ORGANIZATION

Article 1 — Exercise of Criminal Jurisdiction

Criminal justice within the Xaraguayan legal order shall be administered in the name of the Sovereign Catholic Indigenous and Private State of Xaragua.

Judicial authority shall be exercised by tribunals established under the Constitution, this Code, customary Indigenous law, or another competent constitutional instrument.

The Rector-President is the supreme constitutional guardian of the judicial order but shall not exercise the ordinary functions of prosecutor or trial judge except where the Constitution expressly confers an original jurisdiction.

No person or institution may investigate, prosecute, adjudicate, or enforce a criminal sanction in the name of Xaragua without lawful appointment or delegation.

Article 2 — Criminal Courts

The criminal courts of Xaragua are:

a. the High Indigenous Tribunal, exercising constitutional, appellate, extraordinary, and specially assigned criminal jurisdiction;

b. the Sovereign Criminal Court, exercising jurisdiction over felonies, serious offences, and matters assigned by the Penal Code;

c. the Local Correctional Magistracy, exercising jurisdiction over misdemeanours, regulatory offences, and minor criminal matters;

d. specialized chambers created by constitutional statute for military, financial, institutional, environmental, maritime, or other defined criminal matters;

e. digital judicial chambers lawfully constituted under this Code.

Article 3 — High Indigenous Tribunal

The High Indigenous Tribunal has jurisdiction over:

a. offences against the constitutional order;

b. unlawful exercise of State authority;

c. offences committed by senior public officers;

d. disputes concerning judicial competence;

e. appeals provided by this Code;

f. constitutional questions arising from criminal proceedings;

g. extraordinary review of final criminal judgments;

h. offences expressly assigned by the Penal Code.

The Tribunal shall ensure uniform interpretation of criminal procedure throughout the Xaraguayan judicial system.

Article 4 — Sovereign Criminal Court

The Sovereign Criminal Court shall hear:

a. indictable offences;

b. serious offences against persons or property;

c. organized or institutional criminality;

d. serious corruption;

e. offences involving State property or protected Indigenous property;

f. matters transferred by the High Indigenous Tribunal;

g. any offence for which the applicable statute assigns jurisdiction to that Court.

Article 5 — Local Correctional Magistracy

The Local Correctional Magistracy shall adjudicate minor offences, regulatory offences, preliminary applications, and urgent protective measures.

It may conduct initial appearances, determine provisional release, issue warrants, preserve evidence, and refer indictable matters to the competent court.

Article 6 — Customary and Catholic Judicial Assessors

A court may appoint a customary assessor where a proceeding requires specialized knowledge concerning:

a. Indigenous law;

b. kinship;

c. customary landholding;

d. community authority;

e. protected traditions;

f. Indigenous cultural property.

A court may request a qualified Catholic canonical adviser where a case requires expert evidence concerning canon law, ecclesiastical institutions, Catholic offices, sacramental records, or protected religious property.

An assessor or adviser shall not determine criminal guilt unless separately appointed as a judicial officer under Xaraguayan law.

Canonical or customary expertise shall assist the court but shall not replace the legal standard of proof.

Article 7 — External Courts and Authorities

A foreign court, agency, or official possesses no inherent authority to direct a Xaraguayan criminal proceeding.

Xaragua may cooperate with an external judicial or administrative authority through:

a. an agreement;

b. a reciprocal arrangement;

c. a specific constitutional or executive authorization;

d. a judicial order recognizing an external request;

e. an administrative-cooperation protocol.

Cooperation shall not constitute a general transfer of criminal jurisdiction.

Article 8 — Conflicts of Jurisdiction

Where the same facts fall within Xaraguayan and external jurisdiction, the competent Xaraguayan authority shall determine:

a. whether proceedings should be opened or continued;

b. whether evidence should be exchanged;

c. whether prosecution should be coordinated;

d. whether an external judgment should be recognized;