Law of Bolivia explained

The law of Bolivia includes a constitution and a number of codes.

Constitution

See main article: Constitution of Bolivia and Constitutional history of Bolivia. Bolivia has had seventeen constitutions.

Sources

By 1840, sources of the law of Bolivia included: (1) Acts of the Peru-Bolivian Confederation, prior to the revolution of Bolivia. (2) Acts of the legislature of the Republic. Among these Acts there was a general code of laws, entitled Codigo Santa Cruz.[1] This title is evidently in imitation of the title of Code Napoleon; for Santa Cruz is the name of the general who was elected president of the Republic in 1828; and under his presidency, the Codigo was published. (3) Decisions of the Bolivian courts. (4) Spanish law. (5) Roman civil law. (6) The ancient Peruvian law, or the customs and usages of the country.[2]

Legislation

The legislature has been called the Congreso Nacional. The gazette is called Gaceta Oficial de Bolivia.[3]

List of legislation

Courts and judiciary

Courts have included the Plurinational Constitutional Court, the Supreme Court of Justice and the Tribunal Supremo Electoral[6]

Criminal law

The Spanish Criminal Code of 1822 came into force in Bolivia on 2 April 1831. It was replaced by the Penal Code of 1834.[7] A Law of 3 September 1883 made provision in relation to perjury.[8] Bolivia now has a new Penal Code of 23 August 1972.[9] [10]

There was a Code of Criminal Procedure of 6 August 1898.[11] [12] This was replaced by the Code of Criminal Procedure of 1972.[13]

Copyright

See main article: Copyright law of Bolivia. As to copyright, see the law of 13 April 1992.

Mining

In 1892, the mining laws of Bolivia consisted of the Ley de mineria (Mining Law) promulgated on the 13 October 1880, and the Reglamento de la ley de mineria (Rules for the application of the Mining Law) made on the 28 October 1882. The International Bureau of the American Republics said that the "provisions of the Ley de mineria are simple and wise. They are contained in no more than twenty-seven articles and leave little room for casuistics or embarrassing technicalities."[14]

See also

References

Notes and References

  1. Codigo Santa-Cruz, de Procedimientos Judiciales del Estado Nor-Peruano. Eusebio Aranda. Lima. 1836. Google Books
  2. "American Law - 1. Bolivia" (1840) 20 Legal Observer 323 at 324
  3. https://www.loc.gov/law/help/guide/nations/bolivia.php Bolivia
  4. http://www.wipo.int/wipolex/en/details.jsp?id=504 Bolivia (Plurinational State of): Commercial Code
  5. http://www.wipo.int/wipolex/en/details.jsp?id=6829 Bolivia (Plurinational State of): Law No. 1768
  6. https://www.loc.gov/law/help/guide/nations/bolivia.php Bolivia
  7. Clagett, A Guide to the Law and Legal Literature of Bolivia, p 36
  8. Clagett, A Guide to the Law and Legal Literature of Bolivia, p 37
  9. http://www.oas.org/juridico/spanish/gapeca_sp_docs_bol1.pdf Codigo Penal
  10. Paola Gaeta. The UN Genocide Convention: A Commentary. OUP. pp xxviii, 65, 113, 114.
  11. René David. International Encyclopedia of Comparative Law. Brill. 1972. Volume 1. Page 52.
  12. Adhémar Esmein, René Garraud and Carl Joseph Anton Mittermaier. A History of Continental Criminal Procedure. Little, Brown. 1913. (Continental Legal History series, volume 5). Page 595. Google Books
  13. Graeme R Newman, Janet P Stamatel and Hung-En Sung (eds). "Code of Criminal Procedure" in "Bolivia". Crime and Punishment around the World. ABC CLIO. 2010. Volume 2 (The Americas). Page 55.
  14. International Bureau of the American Republics. "Bolivia". Mines and Mining Laws of Latin America. US Government Printing Office. 1892. Page 16 et seq. Google Books

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