Private law
In Andorra, the concept of private law comprises the institutions of civil law and commercial law, which constitute legally and doctrinally separate fields in other countries. Although it is currently undergoing a codification process, which is eagerly anticipated by stakeholders, this is still at an initial phase. This is because some of the regulatory content of Andorran private law, apart from some subjects that are governed by special laws, is still based on the ius commune rules of Roman and canon law. However, tradition and case law in particular have gradually adapted them to progress and changes in the family, society and economy of the Principality of Andorra, especially in recent years.
The principles of legal certainty, legitimate expectations and protection of third parties underpin the current Andorran legal system
Indeed, the Explanatory Memorandum of Law 46/2014 of 18 December on Succession – (Official Gazette of the Principality of Andorra), is enlightening. It
indicates a desire to continue the process of regulating Andorran private law that started with the Constitution of the Principality of Andorra on 28 April 1993. It states:.
“It is necessary to continue the task with an exhaustive process of regulating private law, the laws that directly regulate people’s lives and relationships, properties and businesses, families and inheritances.
The Magna Carta itself, in Title II, Chapter V, Article 27.1, recognizes inheritance rights alongside the right to private property, and these, together with other constitutional rights and principles, according to Article 39.3 of the Constitution, shape legislation and the actions of the public authorities. This Succession Law, as part of the process of regulating private law, helps to consolidate Andorra’s identity, confirm its status as a sovereign state within Europe and increase legal certainty.”
One aspect of the Andorran legal system worth highlighting is that it does not have a public land registry.
The principles of legal certainty, legitimate expectations and protection of third parties
underpin the current Andorran legal system
International private law
The Principality of Andorra, as a sovereign state, is no stranger to the international community. Within this international context, legislators have considered the European Succession Regulation and adapted it to the particularities of Andorra. In this regard, it starts out from the unity and universality of succession without distinguishing between movable and immovable assets and, on the other hand, by determining personal law using nationality as a point of connection, implying the applicability of Andorran succession law, inherent in personal status, regardless of where the assets are located or where the death occurred.
The regulations are therefore different from Regulation (EU) 650/2012 of the European Parliament and of the Council of 4 July 2012, on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (Official Journal of the European Union, 27 July 2012). They are different because they are based on Andorran legal tradition, especially the regulations on nationality and habitual residence. Thus, the habitual residence criterion is rejected as a sole point of connection, and also the possibility of choosing the applicable law and, finally, de facto application of the law deriving from the habitual residence is recognised according to the circumstances of the case.
In this way, an adaptation clause is formulated in two ways within the Andorran legal system:
- The Andorran court has jurisdiction to decide on the whole succession when the personal law of the deceased at the time of death is that of Andorra. This also applies in cases where the deceased was a resident of the Principality of Andorra at the time of death, and where they were the owner of property or rights located in the Principality of Andorra.
- As an exception, if it is clear from all the circumstances of the case at the time of death that the deceased had a clearly closer link with a different country, the law applicable to the succession will be that of the other country.
On the other hand, Andorrans can make a will abroad, under the law of the country they are in. This can be a holographic will, even if not allowed by the legislation of that country, but cannot be a joint will, even if the legislation of that country allows it. An open or closed will can be made, in accordance with the Andorran Succession Law, before an Andorran diplomatic or consular official who has accredited notarial functions. These aspects are regulated in the First Additional Provision of Law 46/2014, of 18 December, on Succession.
In the international arena, Andorra is party to the Apostille Convention for the legalisation of international documents (Hague Convention no. 12, of 05 October 1961)
Hague Convention on the Abolishing the Requirement of Legalisation for Foreign Public Documents
In the international arena, Andorra is party to the Apostille Convention for the legalisation of international documents (Hague Convention no. 12, of 5 October 1961)
International Union of Latin Notaries
Moreover, the Andorran notaries’ association has been a full member of the International Union of Notaries (UINL) since 17 October 2004.
The sources of law are regulated in the Second Additional Provision of Law 46/2014, of
18 December, on Succession
The sources of law
The sources of law were regulated under the Second Additional Provision of Law 46/2014, of 18 December, on Succession. In this context, alongside the complementary value attributed to case law in its function of merely interpreting and implementing the law, the distinction between supplementary law and subsidiary law should be noted. The value of case law is clearly considered to be complementary and not law-making. Before then, case law was considered to be a source of law.
With regards to the distinction between supplementary law and subsidiary law, this is clearly an instrumental and temporal distinction given that the concept is unique, in the sense that it is, in any case, a question of “supplementary rules of application”. However, the expression “supplementary rules” refers to the concept of common law, which should not be confused with the concept of external or foreign supplementary law (“heterointegration”). The nature of common law implies, on the one hand, that “civil” rules are the “common” and “supplementary” rules of the other civil rules considered special due to their nature and any other special legislation, in private or public law. On the other hand, the term “subsidiary” refers to the fact that the Andorran private legal system is still incomplete, so it is necessary to resort to external and foreign systems to complete it.
This subsidiary heterointegration refers, in the field of private law and according to the general opinion of authors and case law, to the Roman-canonical “common law or ius commune” adapted by tradition and case law; although in fact Roman law, canon law, common law, Catalan law, Spanish law, French law or the new European international common law are also often included, in such a way that the current supplementary law appears to be a complex set of rules with an imprecise hierarchy, which are difficult to apply. For this reason, the Law opts for the traditional formula of “ius commune”, but with controlled applicability governed by the general principles of Andorran law currently in force.
Contact
If you have any queries or would like further information, please complete the form below and we will get back to you as soon as possible.
Phone: +376 801 000
Location
The notary’s office is located in an office and building that are accessible to people with reduced mobility. Furthermore, it is located in an area of Andorra la Vella with several adjacent public car parks.
Prat de la Creu street 36, 2n
AD500 Andorra la Vella, Principat d’Andorra
Opening hours
From Monday to Thursday
From 09:00 h to 13:00 h
From 15:00 h to 19:00 h
Fridays
From 09:00 h to 14:00 h
From 15:00 h to 18:00 h
Fridays June to August
From 09:00 h to 15:00 h
