chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 679: House-head to bear liability Section 679: The concerned house-head shall be liable for the loss or damage, if any, caused to any one as a result of any kind of solid waste or goods thrown from the house. Explanation: For the purposes of this Section,- Section 679, Sub-section (1): "House" means a house or shed, and also includes the structure of a house. Section 679, Sub-section (2): "House-head" means a person who acts as the chief of family, and also includes, in the case of a tenant renting other’s house, the person who acts as the chief of the tenant’s family. Section 680: To bear liability for trespass Section 680: A person who commits trespass to other's property shall be liable for any loss or damage resulted from the trespass. Explanation: For the purposes of this Section, the term "trespass" means an unlawful entry into, taking possession of products of, unauthorized damage to, interference in, or unlawful encroachment on, a property that is under entitlement, possession or ownership of another person, in the case of an immovable property, and forcibly taking into custody, taking away, taking the advantage arising out of, or causing obstruction or hindrance in the use of, the property under entitlement, possession or ownership of another person, in the case of a movable property, and also includes an act of taking control of any type of property in an unauthorized manner. Section 681: To bear liability jointly Section 681, Sub-section (1): If more than one person commit any act to be deemed a tort under this Chapter, each of such persons shall, except as otherwise proved, be jointly and severally liable for any damage caused by that act, in proportion to the culpability of the tort committed by each person. Section 681, Sub-section (2): If separate liability can be determined in proportion to the culpability of tort pursuant to sub-section (1), liability shall be borne accordingly, and if such determination cannot be made, all persons responsible for the tort shall bear liability on an equal basis. Section 682: Compensation to be paid for liability Section 682, Sub-section (1): While bearing liability for a tort committed under this Chapter, the person who commits the tort shall pay compensation. Section 682, Sub-section (2): Notwithstanding anything contained in sub-section (1), if any tort is committed under this Chapter as a result of any omission, fault, recklessness or negligence of the injured person also, the quantum of such compensation shall be lesser. Section 682, Sub-section (3): The compensation referred to in sub-section (1) shall be limited to the actual loss or damage, and remote or unactual compensation shall not be recoverable. Section 682, Sub-section (4): The compensation may be of any type, in the form of either cash or kind or service. Section 682, Sub-section (5): If any loss or damage is caused under this Chapter, a person who suffers shall be entitled to claim for compensation, subject to this Chapter. National Civil Code 2074
National Civil Code 2074

Section 682, Sub-section (6): If a claim is made for compensation pursuant to sub- section (5), the court may order reasonable compensation to be paid. Section 683: Not to bear liability if separate provision is made Section 683, Sub-section (1):  Notwithstanding anything contained elsewhere in this Chapter, if a tort for which liability is to be borne under this Chapter is treated as a criminal offence under a law, or this Act or other law contains a separate provision or provides for a separate legal remedy in relation to such a tort, no liability under this Chapter may be borne. Section 683, Sub-section (2): Subject to sub-section (1), if the alleged tortfeasor proves that the tort for which liability is to be borne under this Chapter was resulted not from his or her negligence, recklessness, fault or omission but from any other reason, he or she shall be released from the liability for such a tort. Section 684: Statute of limitation Section 684: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. Section 685: To be liable for defective product Section 685, Sub-section (1): No person shall produce any defective product and sell or distribute, or cause to be sold or distributed, any defective goods or service. Section 685, Sub-section (2): The producer of a defective product referred to in sub- section (1) shall bear liability under this Chapter for the loss or damage, if any, caused to the body, life or property of any person as a result of the consumption of such product sold or distributed by any one. Explanation: For the purposes of this Chapter,- Section 685, Sub-section (1): "Defective product" means any goods or service which, for any of the following reasons, lack the minimum safety measures that a person of general prudence reasonably expects while consuming any product: Section 685, Sub-section (1), Clause (a): Defective design, manufacturing, processing or installation, Section 685, Sub-section (1), Clause (b): Defective packing, safety or storage, Section 685, Sub-section (1), Clause (c): Defective presentation, Section 685, Sub-section (1), Clause (d): Lacking adequate measures or precautions to control the potential risk or danger according to the nature of the produced good or service. Section 685, Sub-section (2): "Producer" means a producer who ultimately produces, sells and distributes any defective goods or service, and also includes the following person: Section 685, Sub-section (2), Clause (a): The distributor or seller if the producer cannot be traced out, Section 685, Sub-section (2), Clause (b): In the case of any imported product, the importer of the defective product or the distributor or seller of such product. Section 685, Sub-section (3): "Good" means any industrial product for consumption by the public. National Civil Code 2074
National Civil Code 2074

Section 686: Claimant to prove that product is defective Section 686: If any person makes a claim that any good or service is a defective product and he or she has suffered injury to his or her body, life or property from the consumption thereof, he or she shall prove that there is the relationship between such defective product and the injury, and that such injury has resulted solely from the consumption of such product. Section 687: To be in discharge of liability Section 687: Notwithstanding anything contained in Section 685, the producer shall not be liable if he or she proves any of the following facts: Section 687, Clause (a): He or she has not produced, sold or distributed the defective product, Section 687, Clause (b): The goods or service that he or she produced, imported, sold or distributed was not defective at the time of production, import, sale or distribution or it became defective after the sale or distribution, Section 687, Clause (c): The goods or service that he or she produced has not been marketed, sold or distributed, Section 687, Clause (d): The injury has been caused due to the consumer's failure to comply with the directions to be complied with while consuming the produced goods or service, Section 687, Clause (e): The injury has been caused because the consumer has not properly consumed the product or has consumed it otherwise, Section 687, Clause (f): One had no scientific or technical knowledge at the time of production or distribution of the goods or service that such goods or service was defective, Section 687, Clause (g): Information was given at the time of sale of the product, from which the injury has been caused, that it might cause injury if not consumed properly, Section 687, Clause (h): The goods or service has been consumed despite knowing or having a reasonable reason to know that it might cause loss or damage. Section 688: Quantum of liability may be reduced Section 688: Notwithstanding anything contained elsewhere in this Chapter, if it is proved that the injury has been caused due to both the producer and the consumer of a defective product, the producer's liability may be reduced proportionately. Provided that if such injury has resulted in a loss or damage to a third party, the quantum of liability may not be reduced in the case of such a party. Section 689: Product not deemed to be defective Section 689: Goods or service consumed by a person shall not be considered to be a defective product merely by the reason that any goods or service of quality higher than that of such goods or service is available in the market. Section 690: Not to prejudice other right Section 690: Nothing contained in this Chapter shall prejudice the right, interest or claim available under a law or contract to any person whose body, life or property has been affected from a defective product. National Civil Code 2074
National Civil Code 2074

Section 691: Statute of limitation Section 691: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within one year from the date on which such an act was done or action taken. Section 692: Provisions of this Part to apply Section 692, Sub-section (1): The provisions of this Part shall apply to any matter relating to private legal relationship involving a foreigner, foreign object or any act done in a foreign country. Section 692, Sub-section (2): Without prejudice to the generality of sub-section (1), the provisions of this sub-section shall apply, in particular, to the following matters: Section 692, Sub-section (2), Clause (a): Legal status of a foreigner and his or her capacity, Section 692, Sub-section (2), Clause (b): Matters relating to matrimonial relationship, paternal and maternal and other family relationship or partition or succession, with at least one of the related parties whereof being a foreigner, or the place of execution of any act or action related thereto being situated outside Nepal, Section 692, Sub-section (2), Clause (c): Matter relating to a property situated in a foreign country, with at least one of the concerned parties being a foreigner, Section 692, Sub-section (2), Clause (d): Matter relating to a contractual or non-contractual right or obligation, with at least one party being a foreigner, Section 692, Sub-section (2), Clause (e): Matter relating to a contract made in a foreign country. Explanation: For the purposes of this Part, the term “foreigner” means a foreign natural person or body corporate, and also includes a foreign state. Section 693: Legal capacity of foreigner to be determined Section 693, Sub-section (1): The legal capacity of any foreign natural person shall be determined according to the law of the country of his or her nationality. Section 693, Sub-section (2): If the nationality of a foreign natural person cannot be ascertained pursuant to sub-section (1), his or her capacity shall be determined according to the law of the country of his or her habitual residence, and even if such residence cannot be ascertained, according to the law of the country where he or she is residing for the time being. Section 693, Sub-section (3): The legal capacity or status of a body corporate shall be determined according to the law of the country where it is registered, if the country of registration cannot be so ascertained, according to the law of the country where the headquarters of such body is located, and if even such a country cannot be ascertained, according to the law of the country where the place of transaction of such a body is located. Section 694: Presumption of disappearance or death of foreigner Section 694, Sub-section (1): If a presumption of the disappearance or death of a foreigner has to be made, the matter shall be determined according to the law of the country of his or her nationality. National Civil Code 2074
National Civil Code 2074

Section 694, Sub-section (2): If the nationality of a foreigner cannot be ascertained pursuant to sub-section (1), it shall be determined according to the law of the country of his or her habitual residence, and even if such residence cannot be ascertained, according to the law of the country of his or her residence immediately before making presumption of his or her disappearance or death. Section 695: Successor to be determined according to foreign law Section 695: While determining the successor to a foreigner residing in Nepal when his or her property is open for succession, the successor shall be determined according to the law of the country of his or her nationality, if such country cannot be determined, according to the law of the country of his or her habitual residence, and if even such residence cannot be ascertained, according to the law of the country where he or she is residing for the time being. Section 696: Determination of succession of deceased Section 696, Sub-section (1): If succession is open because of the death of any foreigner in Nepal and it is therefore necessary to determine his or her successor to the property situated in Nepal and the order of preference thereof, it shall be determined according to the law of the country of his or her nationality at the time of his or her death. Section 696, Sub-section (2): If the law referred to in sub-section (1) cannot be ascertained, it shall be determined according to the law of the country of his or her habitual residence at the time of his or her death, and if even such country cannot be ascertained, according to the law of Nepal. Section 697: Determination of the nature of corporate body Section 697: Question as regards whether a company, foundation or other corporate body is public or private shall be determined according to the law of the country of incorporation of such a company, foundation or body, and if such law cannot be ascertained, according to the law of the country where the registered office or headquarters of such a company, foundation or corporate body is situated. Section 698: Regulation of property Section 698, Sub-section (1): Succession to a movable property shall be governed by the law of the country of habitual residence of the deceased at the time of his or her death. Section 698, Sub-section (2): Succession to an immovable property shall be governed by the law of the country where such property is situated. Section 699: Citizen of Nepal to follow law of Nepal while concluding Section 699: marriage abroad: (1) A citizen of Nepal shall, while concluding a marriage in a foreign country, comply with such competency, qualification and conditions for marriage as specified by the law of Nepal. Section 699, Sub-section (2): The formalities to be fulfilled by a citizen of Nepal while concluding a marriage in a foreign country shall be governed by the law of the country where the marriage is concluded. National Civil Code 2074
National Civil Code 2074

Provided that while concluding a marriage at an embassy or consulate general of Nepal situated in a foreign country, the formalities referred to in the law of Nepal shall be followed. Section 699, Sub-section (3): A marriage concluded in contravention of sub-sections Section 699, Sub-section (1): and (2) shall not be recognized in Nepal. Section 700: Foreigner to follow law of his or her country while concluding Section 700: marriage in Nepal: (1) While concluding a marriage between foreigners or between a foreigner and a citizen of Nepal in Nepal, each person entering into marriage shall comply with the capacity, qualification and condition as specified by the law of the respective country of his or her nationality. Section 700, Sub-section (2): The formalities to be fulfilled by the foreigners while concluding marriage in Nepal shall be governed by the law of Nepal. Provided that while concluding a marriage at a foreign embassy or consulate general situated in Nepal, the formalities referred to in the law of the concerned country shall be fulfilled. Section 700, Sub-section (3): A marriage concluded in contravention of sub-sections Section 700, Sub-section (1): and (2) shall not be recognized in Nepal. Section 701: Consequence of marriage to be according to law of one’s Section 701: country: (1) The matrimonial relationship between the couple after the marriage and the consequence of marriage shall be determined according to the law of the country of their nationality if both spouses have the same nationality, and if the country of their nationality is not the same, according to the law of the country of their habitual residence and if even such a country is not the same, according to the law of the country of their residence for the time being. Section 701, Sub-section (2): If the consequence of marriage cannot be determined pursuant to sub-section (1), it shall be determined according to the law of the country of their marriage. Section 702: Paternal authority to be governed by law of the country of Section 702: nationality: (1) The relationship between father, mother and son, daughter including paternal authority shall be governed by the law of the country of nationality of the son or daughter, as the case may be. Section 702, Sub-section (2): If the law referred to in sub-section (1) is not ascertained, it shall be governed by the law of the country of habitual residence of the father, mother and, if even such country cannot be ascertained, by the law of the country of their residence for the time being. National Civil Code 2074
National Civil Code 2074

Section 703: To be governed by the law of the country of nationality of Section 703: adoptive person: Subsequent to the adoption of a son or daughter, the relationship between the adoptive person and the adopted son or daughter shall be governed by the law of the country of nationality of the adoptive person, and if such law cannot be ascertained, by the law of the country of habitual residence of the adoptive person, and if even such law cannot be ascertained, by the law of the country where the adoptive parents are habitually spending marital life. Section 704: Determination of guardianship or curatorship Section 704, Sub-section (1): The guardianship or curatorship of an incompetent or quasi-competent person shall be determined according to the law of the country of nationality of that person. Section 704, Sub-section (2): If the country referred to in sub-section (1) cannot be ascertained, it shall be determined according to the law of the country of his or her habitual residence, and if even such country cannot be ascertained, according to the law of the country of his or her habitual residence for the time being. Section 704, Sub-section (3): The relationship between the guardian or curator and the person under his or her guardianship or curatorship shall be determined according to the law of the country of the guardian or curator or the law of the country where the guardian or curator is appointed as such. Provided that if the habitual residence of the person who is under guardianship or curatorship is in Nepal, it shall be determined according to the law of Nepal. Section 705: To be determined according to the law of residence Section 705, Sub-section (1): The matter of separation of bread and board shall be governed by the law of the country of habitual residence of the married couple. Section 705, Sub-section (2): If, in governing the matter pursuant to sub-section (1), the country of habitual residence of the couple is not the same, it shall be governed by the law of the last country of their habitual residence, and if even such a country cannot be ascertained, by the law of the court where the case of alimony is sub judice. Section 706: Divorce effected abroad to be recognized Section 706: If a divorce is effected between the citizens of Nepal or between a citizen of Nepal and a foreigner in a foreign country, such a divorce shall, if effected in accordance with the law of that country, be recognized and enforced in Nepal in accordance with the law of Nepal. Section 707: Content of ownership to be determined according to law of Section 707: country where property is situated: (1) The content of ownership or possession of any property shall be determined according to the law of the country where such property is situated. National Civil Code 2074
National Civil Code 2074

Section 707, Sub-section (2): A question as regards the maintenance or termination of ownership in an immovable property shall be determined according to the law of the country where such property is situated. Section 708: Goods to be governed by law of destination Section 708: Any goods in transit in the course of carriage shall be governed by the law of their destination. Section 709: Governing law of contract to be as determined by parties Section 709, Sub-section (1):  The governing law of any contract shall be as determined in the contract by its parties. Section 709, Sub-section (2): If no law is determined pursuant to sub-section (1), such a contract shall be governed by the law of the country of its performance, and if even such a country cannot be ascertained, by the law of the country where it was concluded. Provided that a contract concluded in Nepal shall be governed by the law of Nepal. Section 710: Deed executed abroad to be recognized Section 710: The validity of any contract or deed executed outside Nepal shall be determined according to the law of the country where it has been executed, and such a contract or deed shall be deemed lawful and recognized in Nepal if it has been duly executed in accordance with the law of that country. Section 711: To be governed by law of nationality of donor Section 711, Sub-section (1): The matter concerning validity of a donation or gift shall be governed by the law of the country of donor's nationality existing when the donation or gift was made. Section 711, Sub-section (2): If the formalities are completed according to the law of the country where a donation or gift is given, the donation or gift shall be deemed to be duly given. Section 712: Determination of liability for tort Section 712, Sub-section (1): While determining the liability for an act which, according to law constitutes a tort, involving a foreigner, foreign object or act done in a foreign country, it shall be determined according to the law of the country where such an act has been taken place. Section 712, Sub-section (2): If any act referred to in sub-section (1) originates in one country and results in consequence in another country, the liability shall be determined according to the law of the country where the consequence so results. Section 712, Sub-section (3): If the liability cannot be determined pursuant to sub- section (2), it shall be determined according to the law of the country where the tortious act has been committed. Section 713: Liability for quasi-contract or unjust enrichment Section 713: The liability for a quasi-contract or unjust enrichment shall be determined according to the law of the country where such an act has been done. National Civil Code 2074