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SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
XARAGUAN CIVIL CODE
BOOK I — PERSONS
Legal Classification: Constitutionally Entrenched Instrument of Civil Law – Harmonized with Canonical Principles and Customary Indigenous Law
– Jus Cogens Binding within the Territorial and Personal Jurisdiction of Xaragua
Promulgated by: Office of the President-Rector of Xaragua
Date of Enactment: June 13, 2025
Application:
Mandatory for all Xaraguan legal subjects, residents, institutions, and civil authorities
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TITLE I — GENERAL PROVISIONS
Article 1 — Legal Subjecthood and Recognition
§1. Every individual born on the territory of Xaragua and legally domiciled therein, regarless of ethnicity, or religious affiliation, is recognized as a legal subject provided he or she submits to the jurisdiction of the Xaraguan State and its civil authority.
§2. Recognition as a legal subject may be withdrawn by sovereign decree in cases of disloyalty, abandonment of territorial duty, or treason against the constitutional order.
Article 2 — Legal Personality and Civil Capacity
§1. Legal personality begins at live birth and ends at natural death. Stillbirths and unborn children may, under decree, be granted conditional personality in matters of inheritance and representation.
§2. Full civil capacity is acquired at the legal age of majority. Before this threshold, acts performed by a minor have no legal effect unless ratified by a parent or legal guardian.
§3. Any legal act performed under duress, mental incapacity, or coercion shall be deemed null, unless otherwise stipulated by competent authority.
Article 3 — Age of Majority
§1. The age of majority is fixed at eighteen (18) years. This age confers full legal capacity to perform civil acts, enter into contracts, and bear legal responsibility.
§2. The President-Rector may, by decree, authorize limited legal emancipation for individuals aged sixteen (16) and above in matters of commerce, apprenticeship, or family stewardship, upon recommendation of a recognized family or ecclesiastical authority.
§3. In cases involving incapacity due to mental or physical infirmity, age of majority shall not be sufficient to establish capacity; such cases require formal evaluation and judicial confirmation.
Article 4 — Guardianship and Civil Protection
§1. Any minor, mentally or physically incapacitated person, or adult declared legally incompetent, shall be placed under guardianship or curatorship by decree of a civil court or recognized customary council.
§2. Guardianship may be exercised by a parent, elder sibling, or designated clan representative, subject to registration and oversight.
§3. Guardians are bound to protect the interests, dignity, and property of the ward. Misappropriation, neglect, or dishonor may result in revocation and civil penalty.
§4. The President-Rector retains power to designate special guardianship arrangements in matters of public interest or national importance.
Article 5 — Civil Inviolability of the Person
§1. The person of any Xaraguan citizen shall be considered civilly inviolable. No person shall be sold, transferred, or subjected to conditions that amount to servitude, contractual bondage, or permanent alienation of liberty.
§2. All contracts, declarations, or instruments implying renunciation of legal status, submission to foreign authority, or self-enslavement are null and void ab initio.
§3. The right to dignity, self-determination, and civil autonomy is foundational and unassailable under Xaraguan law.
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TITLE II — FAMILY AND CIVIL UNION
Article 6 — Definition and Legal Nature of the Family
§1. The family is the fundamental civil institution of the Xaraguan State. It forms the basis of social structure, transmission of lineage, and lawful civil order.
§2. A family is constituted through lawful union and recognized cohabitation of natural persons bound by marriage, blood, or formal affiliation, duly declared before the competent civil authority.
§3. The State shall protect the family as a civil institution. No legislation or private act may compromise its structural integrity or symbolic authority.
Article 7 — Marriage and Valid Civil Union
§1. Marriage is a civil contract freely entered into by one man and one woman (one man and a maximum of two women/Limited Indigenous Customs) of legal age, registered under the competent civil authority of Xaragua.
§2. The marriage contract creates mutual civil obligations, including cohabitation, support, fidelity, and the joint education and protection of offspring.
§3. Any union not registered under the laws of Xaragua has no legal effect and does not give rise to succession, property claims, or public recognition unless legitimized by sovereign decree.
The Financial and sucession are made by contract after the civil union.
§4. Proxy marriages, temporary unions, or culturally unregistered partnerships have no standing under the Xaraguan Civil Code.
Article 8 — Conditions of Validity of Marriage
§1. The following conditions must be fulfilled for the marriage to be considered valid:
(a) Consent of both parties, expressed freely and without coercion
(b) Legal capacity (both parties must be of majority age or legally emancipated)
(c) Absence of existing lawful marriage or legal impediments
(d) Registration before a competent civil registrar of Xaragua
§2. Failure to meet any of these conditions shall render the marriage voidable or null, subject to determination by the civil court of domicile.
Article 9 — Legal Effects of Marriage
§1. Marriage shall produce joint civil status, shared household obligation, and reciprocal rights in matters of property, inheritance, and representation which are established by notorized contract after the civil union, failure to comply will render the marriage null and void.
§2. Spouses shall be jointly liable for debts incurred in the interest of the household, unless otherwise provided by matrimonial agreement.
§3. Either spouse may administer shared property, unless restricted by registered covenant or judicial ruling.
Article 10 — Nullity and Dissolution of Marriage
§1. Marriage may be declared null if entered into under fraud, duress, incapacity.
§2. The State does not recognize divorce as a mechanism of free dissolution. Civil separation may be granted by judicial order under strict conditions including:
(a) Proven abandonment
(b) Endangerment of life or dignity
(c) Permanent incapacity or criminal conviction
§3. Civil separation dissolves cohabitation but does not annul obligations of support, name, or succession unless explicitly declared.
Article 11 — Children and Filiation
§1. Filiation shall be established by:
(a) Birth within lawful marriage
(b) Voluntary recognition by one or both parents
(c) Judicial declaration in case of dispute or abandonment
§2. A child legally recognized shall be entitled to the name, inheritance rights, and protection of the parental line.
§3. Children born of unregistered unions may be legitimated by subsequent marriage or civil acknowledgment filed under oath.
Article 12 — Adoption and Civil Affiliation
§1. Adoption shall be authorized by civil decree following public inquiry, proof of good character, and stable domicile.
§2. Adoptive parents shall acquire all rights and obligations equivalent to natural parents.
§3. Adoption is irrevocable, except in cases of fraud, abuse, or legal incapacity of the adoptive family.
§4. Customary guardianship may be converted into adoption by decree of the President-Rector upon petition and verification of continued care.
Article 13 — Transmission of Name and Legal Lineage
§1. Every child shall bear the name of the father. If the father is unknown, unrecognized, or absent, the child may bear the name of the mother or designated guardian.
§2. Names are registered with the civil authority and protected under law. Any falsification, usurpation, or dissimulation of name shall be prosecuted as a civil infraction.
§3. Names of noble lineage or ancestral significance may not be assumed without decree. The State shall maintain a civil registry of protected names.
Article 14 — Civil Capacity within the Family Unit
§1. The family may own property, enter into contract, and be represented by its recognized head.
§2. Minor children may not alienate property or contract obligations without written consent of a guardian or civil protector.
§3. The family head shall have priority in legal representation unless incapacitated or removed by order.
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SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
XARAGUAN CIVIL CODE
BOOK II — PROPERTY
Legal Classification:
Constitutionally Entrenched Civil Code – Exclusive Territorial Jurisdiction – Indivisibility of Sacred Land – Inalienability of Ancestral Domains – Enforceable Within the Boundaries of Xaragua and Recognized Legal Subjects
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TITLE I — GENERAL PRINCIPLES OF PROPERTY
Article 1 — Definition of Property
§1. Property within the jurisdiction of Xaragua shall include all tangible and intangible assets lawfully held by individuals, families, or the State, subject to the limits of public order and ancestral law.
§2. Property shall be categorized as:
(a) Private Property
(b) Collective or Family Property
(c) Public Property
(d) Sacred or Inalienable Land
Article 2 — Territorial Supremacy and Sovereignty
§1. All land situated within the territorial boundaries of Xaragua is under the absolute civil jurisdiction of the Xaraguan State.
§2. No foreign title, mortgage, lien, or jurisdiction may apply to any land, good, or resource located on Xaraguan soil if not validated by the state.
§3. The land itself is not a commodity but a legacy. It may not be treated under commercial law except as provided by decree.
Article 3 — Recognition of Ownership
§1. Ownership may be acquired through:
(a) Lawful inheritance
(b) Formal transfer by notarized act under the laws of Xaragua
(c) Customary possession openly maintained for at least twenty (50) uninterrupted years
§2. Property acquired outside the recognized mechanisms of Xaraguan law shall be subject to forfeiture or nullification by sovereign decision.
Article 4 — Inalienability of Ancestral Lands
§1. Lands transmitted by bloodline for more than two successive generations shall be classified as ancestral.
§2. Ancestral lands are inalienable, non-transferable to non-Xaraguan persons, and cannot be mortgaged or subdivided without decree of public necessity.
§3. Any alienation, commercial use, or external exploitation of ancestral land is null and void, and the State shall restore such land to the lawful family custodian.
Article 5 — Public Property and Common Utility
§1. Properties designated for public utility—such as administrative buildings, roads, markets, and education centers—shall be registered under the name of the State and may not be privatized.
§2. These properties are maintained under public stewardship and subject to audit, protection, and public access provisions.
§3. Religious sites, historical monuments, and cultural sanctuaries shall enjoy enhanced legal protection and may not be reassigned to private interest.
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TITLE II — USE, TRANSFER, AND LIMITATION OF RIGHTS
Article 6 — Right of Use and Enjoyment
§1. Ownership confers the right to use, enjoy, and dispose of a thing, within the bounds of the law and without prejudice to public interest or ancestral continuity.
§2. Use may be restricted by environmental law, family obligation, or civil zoning decrees.
Article 7 — Lease and Temporary Possession
§1. Land or property may be temporarily transferred by lease for a maximum term of ten (10) years, renewable only by registration before civil authority.
§2. Ancestral land may not be leased to non-Xaraguan entities without a decree of the state.
§3. The State reserves the right to annul any lease deemed contrary to national interest, ecological stability, or spiritual heritage.
Article 8 — Transmission by Inheritance
§1. Property shall be transmitted through lawful succession in accordance with Book III of this Code.
§2. In the absence of direct heirs, ancestral land reverts to the family line or, failing that, to the State for redistribution under customary law.
§3. Testamentary provisions contrary to inalienability principles shall be automatically voided.
Article 9 — Restrictions on Commercial Exploitation
§1. No land may be used for extractive, speculative, or industrial activity without State authorization and environmental impact clearance.
§2. Commercial use of sacred sites is strictly prohibited.
§3. Any profit gained from unauthorized exploitation of land shall be subject to seizure and redistribution by public authority.
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TITLE III — PROTECTION AND RESTORATION OF PROPERTY
Article 10 — Civil Protection of Property Rights
§1. All lawful property shall be protected against intrusion, expropriation, or unjust appropriation.
§2. No person may be deprived of property without:
(a) Due legal procedure
(b) Justification of public necessity
(c) Compensation determined by the Council of Xaragua
Article 11 — Sanctions for Illicit Acquisition
§1. Any acquisition of property by fraud, coercion, falsification of documents, or abuse of legal procedure shall be declared void and subject to criminal sanction.
§2. Individuals or groups who occupy, register, or exploit land unlawfully shall be liable for damages, dispossession, and civil disqualification.
Article 12 — Reclamation and Reversion
§1. Property improperly alienated or abandoned without succession for more than fifteen (15) years may be reclaimed by the State and reassigned to rightful heirs or public benefit.
§2. A property custodian may petition the State to restore lost ancestral land upon production of credible testimony, genealogical documentation, or community confirmation.
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SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
XARAGUAN CIVIL CODE
BOOK III — OBLIGATIONS AND CONTRACTS
Legal Classification:
Constitutionally Entrenched Civil Law Instrument – Applicable to All Civil Acts within Xaraguan Jurisdiction – Binding Upon All Recognized Legal Subjects – Supersedes External Norms in Contractual Interpretation
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TITLE I — GENERAL PRINCIPLES OF OBLIGATIONS
Article 1 — Definition of Obligation
§1. An obligation is a legal bond by which one or more persons are bound to perform or refrain from a specific act in favor of another.
§2. Obligations arise from law, contract, quasi-contract, civil offense (delict), or unilateral declaration when recognized by Xaraguan authority.
Article 2 — Sources of Obligation
Obligations may originate from:
(a) Contractual agreement
(b) Civil status (e.g., marriage, parenthood)
(c) Customary duty
(d) Judicial decree or administrative order
(e) Harm caused through negligence, fraud, or unlawful act
Article 3 — Good Faith and Civil Duty
§1. All obligations shall be performed in good faith, without fraud, evasion, or deliberate harm.
§2. Parties are presumed to act in accordance with honor and civil responsibility unless proven otherwise.
§3. The intentional breach of obligation shall be treated not only as a private fault but as a civil disqualification, subject to reparation and, if applicable, exclusion from public service.
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TITLE II — CONTRACTS
Article 4 — Definition and Formation of Contract
§1. A contract is an agreement between two or more persons intended to create, modify, or extinguish a legal obligation.
§2. For a contract to be valid under Xaraguan law, it must include:
(a) Mutual consent freely expressed
(b) Legal capacity of parties
(c) Lawful object
(d) Lawful cause
§3. Contracts may be written, verbal, or solemnized through customary procedure before recognized witnesses, and must be registered if of public or land-related nature.
Article 5 — Effects of Contract
§1. A valid contract binds the parties with the force of law.
§2. It must be performed precisely and in accordance with the intention of the agreement, as interpreted under Xaraguan civil principles.
§3. Failure to perform entails liability for damages, unless prevented by superior force or legal impossibility.
Article 6 — Classification of Contracts
Contracts shall be classified into:
(a) Unilateral or Bilateral
(b) Gratuitous or Onerous
(c) Commutative or Aleatory
(d) Named (typified by law) or Innominated (not typified but lawful)
Article 7 — Invalidity and Nullity
§1. A contract is null when its formation violates essential legal elements.
§2. Grounds for nullity include:
(a) Absence of consent or capacity
(b) Object contrary to law or morality
(c) Coercion, deception, or exploitation
§3. Partial nullity does not affect the remainder unless the contract loses its essential meaning.
Article 8 — Interpretation and Enforcement
§1. When unclear, a contract shall be interpreted in favor of the party assuming the obligation.
§2. In case of silence or ambiguity, customary law and previous jurisprudential guidance shall apply.
§3. Contracts with the State must be interpreted restrictively in favor of public interest.
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TITLE III — UNILATERAL ACTS AND MORAL OBLIGATIONS
Article 9 — Binding Nature of Solemn Declaration
§1. A voluntary declaration made publicly and solemnly before witnesses or under civil oath shall create obligation if it contains identifiable intention and lawful cause.
§2. Withdrawal from such declaration may incur moral penalty and, where applicable, civil damages.
Article 10 — Civil Value of the Promise
§1. A promise made in writing, witnessed or notarized, and accepted by a beneficiary may produce enforceable obligation.
§2. Promises made in personal relationships do not create obligation unless relied upon to the detriment of the other party.
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TITLE IV — CIVIL LIABILITY (DELICT)
Article 11 — General Rule of Responsibility
§1. Any act or omission which causes harm to another obliges the person at fault to make full reparation.
§2. Fault may consist of negligence, imprudence, recklessness, or violation of law.
Article 12 — Reparation and Restitution
§1. Reparation includes:
(a) Restoration of the prior state, if possible
(b) Monetary indemnity for damage
(c) Public apology, when appropriate
§2. In case of collective harm or breach of sacred property, reparation may include civic exclusion or formal denunciation.
Article 13 — Liability for Acts of Others
§1. A person is responsible for harm caused by:
(a) Their minor children or wards
(b) Their subordinates, if the act occurred under authority
(c) Animals or instruments under their control
§2. The presumption of responsibility may be rebutted if absence of fault is proven.
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TITLE V — EXTINCTION OF OBLIGATIONS
Article 14 — Legal Means of Extinction
Obligations are extinguished by:
(a) Full performance
(b) Mutual agreement to release
(c) Impossibility due to superior force
(d) Compensation, novation, or merger of roles
(e) Prescription under time limits defined by law
Article 15 — Prescription and Limitation Periods
§1. Civil obligations are prescribed after five (5) years unless otherwise specified.
§2. Claims related to family, land, or public order are imprescriptible unless barred by decree.
Article 16 — Remission and Waiver
§1. A creditor may voluntarily remit a debt, in whole or in part, by written declaration.
§2. A waiver of obligation must be unambiguous and not presumed from silence or delay.
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SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
XARAGUAN CIVIL CODE
FINAL TITLE — CONCLUSION AND GENERAL PROVISIONS
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Article 1 — Legal Supremacy of the Xaraguan Civil Code
§1. The present Civil Code constitutes the supreme legal authority in all matters of civil status, family, property, and obligations within the jurisdiction of the Sovereign Catholic Indigenous Private State of Xaragua.
§2. No external code, whether Haitian, foreign, or supranational, shall apply within Xaraguan territory or to its recognized subjects, unless expressly ratified by sovereign decree.
§3. This Code supersedes all customary practices, oral traditions, or previously tolerated usages that are inconsistent with its provisions.
Article 2 — Jurisdiction and Application
§1. The provisions of this Code shall apply uniformly to all legal persons, families, institutions, and entities recognized under the laws of Xaragua, regardless of origin or status.
§2. The competent civil courts, customary councils, administrative registrars, and ecclesiastical officers shall interpret and enforce this Code in accordance with its text, its purpose, and the sovereign interest of the Xaraguan Nation.
§3. In matters not expressly covered, reference shall be made to Xaraguan legal doctrine, decrees of the President-Rector, and recognized jurisprudential instruments adopted within the Xaraguan legal system.
Article 3 — Constitutional Entrenchment and Irrevocability
§1. The present Civil Code is constitutionally entrenched and may only be modified or revised by formal legislative act ratified by the Office of the President-Rector.
§2. Any attempt to suspend, nullify, or override the provisions of this Code by unauthorized individuals or foreign institutions shall constitute an act of civil aggression and institutional sabotage.
§3. All public officers of Xaragua shall swear allegiance to the present Code upon appointment and shall uphold its principles as a condition of legal authority.
Article 4 — Publication, Registration, and Enforcement
§1. This Code shall be published on the official digital platform of the Xaraguan State and preserved in the National Civil Registry.
§2. Certified copies shall be deposited in the archives of the Ministry of Justice, the Office of the President-Rector, and in all recognized ecclesiastical and administrative jurisdictions.
§3. Entry into force shall occur on the date of formal promulgation, and all legal acts thereafter shall conform to its provisions.
Article 5 — Authentic Interpretation and Future Codification
§1. The President-Rector, as sovereign legal authority, shall issue authentic interpretations in the form of explanatory decrees, binding upon all civil organs.
§2. Future codifications relating to criminal law, procedural law, commercial law, and canonical harmonization shall be developed in alignment with the spirit and structure of the present Code.
§3. The present Civil Code shall serve as the foundational legal instrument for all internal lawmaking, civil governance, and national identity.
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ENACTED in the name of Sovereignty, Order, and Territorial Integrity
Pascal Despuzeau Daumec Viau
By authority of the Office of the President-Rector of Xaragua
This Code is hereby proclaimed as law.
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XARAGUAN CIVIL CODE
BOOK II — FAMILY, MARRIAGE, AND FILIATION
SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
Legal Classification:
Constitutionally Entrenched Instrument of Civil Law – Canonically Validated – Customary and Indigenous Law Binding – Jus Cogens within Xaraguan Jurisdiction
Promulgated by: Office of the President-Rector
Date of Enactment: June 14, 2025
Mandatory for:
All legal subjects, ecclesiastical institutions, tribal authorities, and residents of the Xaraguan State
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TITLE I — GENERAL PROVISIONS
Article 1 — Sacred Foundation of Family Law
§1. The Xaraguan family is a sacred institution, founded on divine, ancestral, and canonical principles.
§2. All laws governing marriage, filiation, and lineage shall be interpreted in conformity with ecclesiastical doctrine and recognized tribal customs.
§3. The family is the basic unit of sovereignty and spiritual continuity; its preservation is a matter of public order.
Article 2 — Exclusive Jurisdiction
§1. All matters of family law involving Xaraguan citizens shall be adjudicated exclusively under the laws of Xaragua.
§2. Foreign civil unions, divorces, or legal determinations of filiation are without effect unless expressly validated by Xaraguan ecclesiastical or indigenous authority.
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TITLE II — MARRIAGE AND UNION
Article 3 — Definition of Marriage
§1. Marriage is a sacred, sovereign union between one man and one woman, or within an approved polygynous configuration with two women, recognized through tribal law.
§2. Marriage is not a contract but a sacrament or a lineage alliance; it binds souls, families, and patrimony under divine law.
§3. Civil or secular marriages, performed outside the authority of the Church or without tribal sanction, are not recognized as legally valid.
Article 4 — Forms of Marriage
§1. The State recognizes three valid forms of marriage:
a) Canonical marriage under Catholic sacrament,
b) Tribal customary marriage before a recognized elder or council,
c) Mixed-form marriages ratified by both Church and tribe.
§2. All valid marriages must be registered in the Sovereign Registry of the State.
Article 5 — Conditions of Validity
§1. Parties must:
a) Be of sound mind and age (minimum 18 years),
b) Not be within prohibited degrees of kinship,
c) Provide public declaration before ecclesiastical or customary authority,
d) Be free of external coercion, duress, or spiritual impediment.
§2. In tribal marriages, the authority of the clan or elder is equivalent to that of a canonical priest.
Article 6 — Polygynous Unions
§1. Polygyny is permitted under customary law for lineages with ancestral right or tribal legitimacy.
§2. No polygynous union may be authorized by the Church, but ecclesiastical tolerance may apply if the union is recognized under pre-existing indigenous law.
§3. Each wife in a lawful polygynous union is entitled to equal legal recognition, inheritance rights, and dignity under the law.
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TITLE III — NULLITY, DISSOLUTION AND SANCTIONS
Article 7 — Nullity of Illicit Unions
§1. Marriages entered into without lawful authority or in defiance of canonical or tribal law are null and void.
§2. Cohabitation without recognized marriage is not considered a legal union, and shall be subject to ecclesiastical reprimand and civil disqualification.
Article 8 — Dissolution of Marriage
§1. Canonical marriage is indissoluble except by ecclesiastical tribunal in cases of:
a) Proven fraud or imposture,
b) Unconsummated union,
c) Heresy, apostasy, or sacramental betrayal.
§2. Tribal marriages may be dissolved under customary procedure, requiring approval of the clan council and public record of dissolution.
Article 9 — Penal Consequences of Fraudulent Union
§1. Any individual who enters into multiple unions without lawful right, conceals a marriage, or forges marital documents shall be prosecuted under the Penal Code.
§2. Such acts constitute Spiritual Fraud and may result in civic suspension and canonical exclusion.
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TITLE IV — FILIATION, LINEAGE, AND PARENTAL AUTHORITY
Article 10 — Legal Filiation
§1. Every child born of a lawful marriage or recognized customary union is a legal descendant, bearing full rights of name, inheritance, and protection.
§2. Filiation may also result from:
a) Ecclesiastical recognition,
b) Tribal declaration,
c) Legitimation by subsequent marriage of the parents.
Article 11 — Registration of Birth and Lineage
§1. All births must be recorded in the Sovereign Register of the State.
§2. A birth not recorded within six months is subject to investigation and may require ecclesiastical or tribal confirmation to establish filiation.
Article 12 — Adoption and Ritual Kinship
§1. Adoption is permitted when sanctioned by:
a) Ecclesiastical authority for canonical families,
b) Tribal council for customary clans.
§2. Adopted children receive the full name and legal rights of the adopting family, but may not inherit sacred office or spiritual lineage unless explicitly declared.
Article 13 — Patriarchal and Matriarchal Authority
§1. Each household shall be under the guidance of a legally recognized head:
a) The father or eldest male descendant in canonical households,
b) The lineage elder in tribal or matriarchal traditions.
§2. Parental authority includes the right to educate, discipline, protect, and represent the child in all religious, social, and civic matters.
Physical agression of a child is formally forbidden as well as psychological and spiritual harassment.
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TITLE V — SANCTITY AND DUTIES OF THE FAMILY
Article 14 — Civic Duties of the Family
§1. All families are obliged to:
a) Maintain internal order,
b) Transmit values of faith, honor, and heritage,
c) Obey sovereign law and participate in the rituals of the nation.
§2. The family is jointly responsible for the moral conduct of its members under public scrutiny.
Article 15 — Ecclesiastical Oversight
§1. The Church reserves the right to supervise, bless, and where necessary, correct domestic life.
§2. Households found guilty of sacramental negligence, spiritual corruption, or canonical disobedience may face pastoral sanctions, including suspension from public communion.
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TITLE VI — FINAL PROVISIONS
Article 16 — Non-Recognition of Foreign Family Rulings
§1. Foreign rulings on marriage, divorce, adoption, or filiation have no effect within Xaraguan jurisdiction unless validated by ecclesiastical or tribal decree.
§2. Civil partnerships, same-sex unions, and other arrangements are legally null and doctrinally rejected.
Article 17 — Canonical Interpretation Prevails
§1. In case of conflict between this Code and customary practice, canonical interpretation prevails unless explicitly exempted.
§2. The State holds final interpretive authority.
SIGNED AND PROMULGATED
Office of the President-Rector
Sovereign Catholic Indigenous Private State of Xaragua
Date: June 14, 2025
Legal Classification: Constitutionally Entrenched — Jus Cogens — Ecclesiastically Validated — Customary and Sacred Instrument of Family Law
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XARAGUAN CIVIL CODE
BOOK III — PROPERTY, OWNERSHIP, AND SACRED PATRIMONY
SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
Legal Classification:
Constitutionally Entrenched Instrument of Civil Law – Jus Cogens Binding – Ecclesiastically Validated – Harmonized with Customary Indigenous Law and Canonical Doctrine
Promulgated by: Office of the President-Rector
Date of Enactment: June 14, 2025
Mandatory for:
All legal persons, ecclesiastical institutions, tribal lineages, and economic actors under Xaraguan jurisdiction
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TITLE I — GENERAL PRINCIPLES OF PROPERTY LAW
Article 1 — Sacred Character of Property
§1. All property in Xaragua is subject to divine, historical, and customary order.
§2. Ownership is not an absolute right but a stewardship of the land, exercised in accordance with the laws of the State, the traditions of the tribes, and the will of God.
§3. Property must serve communal purpose, sacred continuity, and national sovereignty.
Article 2 — Categories of Property
§1. Property is classified as:
a) Private property – held by an individual or family, under full domestic jurisdiction,
b) Sacred property – lands, buildings, or objects dedicated to religious, historical, or spiritual use,
c) Communal property – held collectively by clans, churches, or sovereign institutions,
d) Patrimonial property of the State – inalienable assets held for present and future generations.
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TITLE II — ACQUISITION AND LIMITS OF OWNERSHIP
Article 3 — Right of Indigenous and Canonical Possession
§1. Ownership may arise from:
a) Legitimate inheritance,
b) Canonical donation or ecclesiastical assignment,
c) Customary allocation by tribal council,
d) Recognition by the Sovereign Land Authority.
§2. Foreign acquisition is prohibited unless authorized by sovereign decree and bound by sacred covenant or follows the law of the haitian state on this on individual ownership.The haitian law on acquisition of land and properties for business purposes is non-applicable and null. Only the Executive of the rector-President can permit this by decree.
Article 4 — Prohibition of Foreign Ownership
§1. Any commercial property held by a foreigner without sovereign license is subject to immediate confiscation without indemnity.
Article 5 — Inalienability of Sacred Property
§1. All sacred lands, relics, churches, shrines, cemeteries, ancestral tombs, and historical monuments are declared inalienable, imprescriptible, and non-transferrable.
§2. Any attempt to sell, mortgage, desecrate, or deface sacred property shall constitute a Sovereign Crime under Article 27 of the Penal Code.
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TITLE III — PROPERTY REGISTRY AND DECLARATION
Article 6 — National Register of Property and Territory
§1. All property can be declared in the Xaraguan National Registry.
§2. Unregistered property is presumed to be communal or sacred until otherwise adjudicated.
Article 7 — Ecclesiastical and Tribal Validation
§1. Ownership claims require authentication by:
a) An ecclesiastical notary for canonical property,
b) A tribal land chief for indigenous property.
§2. No property title shall be valid without dual inscription: one civil, one sacred or customary.
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TITLE IV — LIMITATIONS, DUTIES, AND RESTRICTIONS
Article 8 — Limitations on Use and Transfer
§1. All owners must use property in a manner consistent with public order, spiritual health, and environmental harmony.
Article 9 — Prohibition of Speculation and Hypothecation
§1. Land and property in Xaragua may not be subjected to speculative trade, excessive profit, or financial instruments such as, foreclosure, or foreign debt.
§2. Property may not be seized by external institutions, banks, or tribunals under any foreign order.
Article 10 — Duty of Conservation and Non-Abandonment
§1. Any property owner must maintain, protect, and preserve the integrity and spiritual dignity of the holding.
§2. Abandonment of property for more than five years without registration or justification results in reversion to the State or to the community of origin.
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TITLE V — PUBLIC, TRIBAL, AND ECCLESIASTICAL DOMAINS
Article 11 — Communal and Clan Holdings
§1. Land traditionally held by clans, tribes, or community bodies is governed collectively and administered according to ancestral law.
§2. Such lands may not be divided, sold, or converted to private use without consent of the tribal council and approval of the State.
Article 12 — Ecclesiastical Domain
§1. Property of the Church, including monasteries, schools, chapels, and sacred libraries, is protected under ecclesiastical immunity.
§2. These properties may not be expropriated or taxed and shall be preserved in perpetuity.
Article 13 — National Patrimony
§1. Certain lands, monuments, and waters are declared National Patrimony and placed under direct authority of the President-Rector.
§2. Their use is reserved for the good of the Nation, its history, and its spiritual survival.
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TITLE VI — FINAL PROVISIONS
Article 14 — Restoration of Spoliated Property
§1. Any Xaraguan property historically seized, sold, or occupied under colonial, republican, or foreign jurisdiction may be claimed for restitution or reallocation by sovereign decree.
§2. Claimants must demonstrate ancestral or spiritual linkage and loyalty to the Xaraguan State.
Article 15 — Supremacy of Sacred Ownership
§1. In all disputes, sacred or ancestral ownership shall prevail over recent, foreign, or purely contractual claims.
§2. No secular court shall overrule a decision rendered by the Ecclesiastical Tribunal of Property or a recognized Tribal Land Council.
Article 16 — Immutability of Sovereign Ownership Law
§1. This Book is of constitutional force, and its provisions may not be suspended, circumvented, or amended except by unanimous decree of the Ecclesiastical and Customary Council, countersigned by the Rector-President.
§2. Any contradiction between this Book and any external legal norm shall be resolved in favor of the Xaraguan principle of spiritual-territorial stewardship.
SIGNED AND PROMULGATED
Office of the President-Rector
Sovereign Catholic Indigenous Private State of Xaragua
Date: June 14, 2025
Legal Classification: Constitutionally Entrenched — Jus Cogens — Ecclesiastically Validated — Customary Instrument of Territorial Sovereignty
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XARAGUAN CIVIL CODE
BOOK IV — OBLIGATIONS, CONTRACTS, AND JURIDICAL COMMITMENTS
SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
Legal Classification:
Constitutionally Entrenched Instrument of Civil Law – Jus Cogens Binding – Ecclesiastically Validated – Customary and Indigenous Legal Doctrine on Binding Engagements
Promulgated by: Office of the President-Rector
Date of Enactment: June 14, 2025
Mandatory for:
All natural and legal persons, ecclesiastical agents, tribal authorities, and institutional entities acting within or under the authority of Xaragua
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TITLE I — GENERAL PRINCIPLES OF OBLIGATION
Article 1 — Sacred Nature of Obligation
§1. Every obligation in Xaragua is binding not only civilly, but morally and spiritually.
§2. Contractual engagements must be entered into freely, solemnly, and with clear invocation of the legal and spiritual order of the Xaraguan State.
§3. Deceit, coercion, usury, or profane incentives invalidate all obligations.
Article 2 — Source of Obligations
Obligations may arise from:
a) Law,
b) Contract,
c) Customary engagement,
d) Ecclesiastical or tribal declaration,
e) Vows or sacred pledges solemnized before recognized authority.
Article 3 — Limitation of Foreign Influence
§1. No contract, obligation, or covenant executed under foreign law, foreign court, or transnational system shall have effect unless expressly validated by the competent Xaraguan tribunal.
§2. Foreign enforcement of contracts shall be deemed a violation of sovereign jurisdiction.
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TITLE II — FORMATION AND VALIDITY OF CONTRACTS
Article 4 — Essential Elements of Contract
§1. For a contract to be valid under Xaraguan law, it must:
a) Be written in a language understood by all parties,
b) Be signed before a certified notary (civil, tribal, or ecclesiastical),
c) Specify lawful cause and objective,
d) Reflect equitable terms and absence of exploitation.
Article 5 — Forbidden Objects and Causes
Contracts involving any of the following are null:
a) Acts contrary to faith, sovereignty, or public order,
b) Sale or lease of sacred property,
c) Transactions based on usury or gambling,
d) Waivers of Xaraguan jurisdiction or citizenship.
Article 6 — Special Forms of Contract
§1. The following contracts require special solemnity:
a) Marriage contract (see Book II),
b) Sacred donation or ecclesiastical endowment,
c) Tribal oath contracts for land or allegiance,
d) Vows of spiritual service or protection.
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TITLE III — PERFORMANCE, EXECUTION, AND BREACH
Article 7 — Obligation to Perform in Good Faith
§1. All obligations must be executed in good faith, according to the letter and spirit of the engagement.
§2. Delay, partial performance, or manipulation shall constitute breach and trigger restitution.
Article 8 — Force Majeure and Divine Exemption
§1. Performance may be excused by:
a) Acts of God (natural disasters, death, war),
b) Ecclesiastical interdiction or spiritual impediment,
c) Official suspension by State or tribal decree
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§2. Parties must notify the competent authority within 7 days of becoming aware of the impediment.
Article 9 — Breach and Sanctions
§1. Breach of obligation results in:
a) Financial restitution,
b) Public censure and loss of civic credibility,
c) Possible interdiction for grave violations (e.g., betrayal of a sacred covenant).
§2. Tribunals may impose corrective labor, symbolic reparation, or canonical penance.
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TITLE IV — VOID, FRAUDULENT, AND SACRILEGIOUS CONTRACTS
Article 10 — Absolute Nullity
§1. A contract is null when:
a) Entered under coercion or false pretense,
b) Involves minors or interdicted persons without guardian,
c) Lacks lawful form or solemnity.
§2. Nullity may be declared ex officio by the Tribunal.
Article 11 — Sacred Fraud and Commercial Apostasy
§1. Any contract entered to circumvent the moral laws of the State, or to simulate lawful conduct, is sacrilegious.
§2. Such acts shall be prosecuted under both civil and penal law, and may result in spiritual exclusion from economic participation.
Article 12 — Prohibition of International Arbitration
§1. No citizen, entity, or institution subject to the jurisdiction of Xaragua may submit to arbitration or dispute resolution before any foreign body or transnational tribunal.
§2. Clauses to that effect are deemed void and constitute an attack on sovereign integrity.
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TITLE V — ECCLESIASTICAL AND CUSTOMARY CONTRACTS
Article 13 — Ecclesiastical Engagements
§1. Vows, offerings, and donations made to the Church are binding and irrevocable unless released by ecclesiastical authority.
§2. Clergy and religious institutions may enter into legal agreements only for purposes consistent with their mission and under the supervision of the Church’s legal office.
Article 14 — Tribal and Communal Agreements
§1. Customary contracts are valid when:
a) Concluded before a tribal council or elder,
b) Recorded in the tribal archives,
c) Based on ancestral usage and oral tradition.
§2. Such agreements are enforceable by sovereign civil courts and have equal weight to written contracts.
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TITLE VI — FINAL PROVISIONS
Article 15 — Registration and Enforcement
§1. All contracts exceeding 5,000 Viaud’Or/Equivalen or involving real property must be registered in the Registry of the State.
§2. Unregistered contracts are unenforceable in court, unless customary or ecclesiastical in nature.
Article 16 — Canonical Supervision and Interpretation
§1. All contracts shall be interpreted in light of the values of the Gospel, the Constitution of Xaragua, and indigenous ancestral order.
§2. The Bureau Of International Legal Consultation and the Customary Elders may issue binding interpretations in cases of doctrinal conflict.
Article 17 — Inviolability of Sovereign Contract Law
§1. This Book forms part of the supreme civil corpus of the State and may not be derogated, suspended, or amended except by joint constitutional and canonical decree.
§2. Any treaty, foreign law, or judgment attempting to override this Book shall be considered null within the territory and jurisdiction of Xaragua.
SIGNED AND PROMULGATED
Office of the President-Rector
Sovereign Catholic Indigenous Private State of Xaragua
Date: June 14, 2025
Legal Classification: Constitutionally Entrenched — Jus Cogens — Ecclesiastically Validated — Customary Instrument of Juridical Engagement
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