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Understanding Capacity to Contract in Nepal

The capacity to contract ensures that only competent individuals and entities can enter into legally binding agreements. In Nepal, the National Civil Code, 2017 identifies minors, persons of unsound mind, and legally disqualified persons as lacking capacity. While guardians may contract on behalf of minors or those mentally unfit, contracts directly entered by such individuals are void. Disqualifications also extend to individuals with criminal convictions or insolvency. These rules aim to protect vulnerable groups and uphold fairness and enforceability in legal and commercial transactions.

April 02, 2025

Understanding Breach of Contract and Legal Remedies in Nepal

A breach of contract occurs when one party fails to fulfill obligations outlined in a contract. Under Nepal’s National Civil Code, 2017, breaches are categorized as actual or anticipatory, triggering the right to seek legal remedies. These remedies include formal court processes, informal methods like arbitration and mediation, or even self-help options in financial agreements. The nature of the breach determines whether the aggrieved party may claim compensation or specific performance or cancel the contract. This article explores breach types, legal definitions, and available actions, helping individuals and businesses understand their contractual rights and protect their legal interests.

April 04, 2025

Legal Remedies for Breach of Contract in Nepal

Remedies for breach of contract in Nepal provide legal recourse when a party fails to fulfill contractual duties. The National Civil Code, 2017 outlines solutions such as damages, specific performance, injunctions, restitution, and the doctrine of unjust enrichment. Victims can choose formal court actions or alternative dispute resolution methods like arbitration or mediation. These remedies uphold fairness, ensure justice, and protect the rights of aggrieved parties. Whether you're seeking compensation, cancellation, or equitable enforcement, understanding these remedies helps maintain trust and accountability in contractual relationships in both commercial and personal contexts.

April 04, 2025

Pan Card Registration Process in Nepal for Individuals and Businesses

The Permanent Account Number (PAN) system is essential for individuals and businesses in Nepal to comply with tax regulations and conduct financial transactions legally. Issued by the Inland Revenue Department (IRD), the PAN ensures transparency, supports tax filing, enables banking services, and facilitates property and salary transactions. Whether you're an employee, freelancer, business owner, or foreign investor, understanding the PAN registration process—whether online through the IRD portal or Nagarik App—is crucial. This guide details the PAN application steps, required documents, benefits, types of PAN, and common FAQs to help you stay financially compliant in Nepal.

April 04, 2025

Types and Importance of Evidence in Nepali Courts

Evidence is the foundation of justice in any legal proceeding. In Nepal, evidence encompasses all materials—oral, documentary, or physical—used to prove or disprove disputed facts in court. The law distinguishes between primary and secondary evidence, including original documents, real items, witness testimonies, and hearsay exceptions like dying declarations. This article explores the classification of evidence under Nepali law, how each type is admitted, and why proper presentation is vital for fair verdicts. Understanding these concepts ensures transparency, credibility, and accuracy in judicial processes, aligning with both procedural law and constitutional mandates.

April 10, 2025

Understanding Locus Standi and Its Role in Nepalese Law

The principle of locus standi defines who has the right to bring a legal case before a court. In Nepal, this principle traditionally required a personal legal interest or injury. However, the rise of Public Interest Litigation (PIL) has expanded access, allowing concerned citizens to challenge systemic issues like rights violations and governance failures. Governed by the Muluki Civil Procedure Code 2074, locus standi now includes provisions for marginalized individuals through court permissions and guardianship. This evolving concept balances judicial access with procedural discipline, ensuring justice remains within reach for both private grievances and collective societal issues.

April 10, 2025

Key Provisions of Labor Law in Nepal You Must Know

Labor law in Nepal, governed by the Labor Act, 2074, and Social Security Act, 2074, establishes vital protections for workers and responsibilities for employers. Covering employment types, working hours, leave entitlements, benefits like provident fund and gratuity, medical and accident insurance, and retirement provisions, the law promotes safe, fair, and dignified work environments. Despite strong legal frameworks, enforcement challenges persist, especially in informal sectors. Strengthening compliance, raising awareness, and fostering cooperation among employers, workers, and government institutions are crucial for achieving equitable labor practices and protecting workers’ rights across Nepal’s evolving labor landscape.

April 17, 2025

General Principles of Civil Law in Nepal: Foundation of Rights and Obligations

The general principles of civil law in Nepal provide a structured framework for fairness, accountability, and legal order in society. Key principles such as "ignorance of the law is no excuse," "acts against public interest are invalid," "liability for wrongdoing," and "good neighborliness" ensure that personal and commercial relations are governed by justice and consistency. These principles also confirm that customs contrary to law are unenforceable and that civil obligations extend equally to foreigners. Upholding these standards strengthens public confidence in the legal system and promotes a fair, harmonious social and economic environment. Alpine Law Associates provides expert guidance in civil law matters.

April 20, 2025

Understanding Legal Personality in Nepal’s Civil Code

The concept of legal personality is central to civil law, allowing entities like corporations and institutions to hold rights and obligations separate from their members. Under Nepal’s Muluki Civil Code 2074, legal personality empowers bodies corporate to own property, enter contracts, and be liable independently. Sections 42–53 comprehensively define incorporation procedures, corporate powers, liabilities, and special provisions for merger and conflict of interest. Recognizing legal persons promotes justice, accountability, and efficiency in both public and private sectors. Alpine Law Associates explains how legal personality facilitates modern legal systems and the smooth functioning of Nepalese society.

April 21, 2025

Tort Law in Nepal

Tort law in Nepal governs civil wrongs and offers legal remedies for individuals harmed by others' actions. Based on the Muluki Civil Code 2074, it includes provisions for compensation in cases of negligence, defamation, nuisance, trespass, and more. Though not fully codified, tort law is rapidly developing, combining legislative sections and court precedents to address evolving societal issues. Responsibilities are assigned to parents, guardians, employers, and property owners for damage caused under their control. As civil rights awareness increases, Nepal’s tort law continues to expand, reinforcing justice, accountability, and protection for affected individuals.

April 23, 2025

Minimum Wages in Nepal

Wages are the backbone of fair labor practices and economic stability. In Nepal, minimum wages are set by the Minimum Wage Fixation Committee under the Labor Act, 2017. This ensures workers receive fair compensation while supporting economic justice and reducing exploitation. Recent updates have revised minimum wages for various sectors, including tea plantations and other industries. Alpine Law Associates provides expert guidance on labor rights, wage laws, and employer compliance, helping businesses and workers navigate Nepal's legal landscape. Upholding fair wages promotes dignity, protects human rights, and strengthens Nepal's economic development. Trust Alpine Law Associates for reliable legal solutions.

April 27, 2025

Provision relating to illegal detention in Nepal

Illegal detention infringes upon fundamental human rights, violating personal liberty without legal justification. In Nepal, the Constitution and the Muluki Penal Code 2074 outline protections against such unlawful acts. Victims can seek immediate relief through the writ of habeas corpus, compelling authorities to justify detentions. Alpine Law Associates offers expert legal assistance to navigate these complex issues, ensuring justice and upholding individual freedoms. This article delves into the legal frameworks addressing illegal detention in Nepal and the remedies available to those affected.

May 04, 2025

Public, Private and Non-Profit Companies in Nepal

This article provides a comprehensive overview of the various types of companies in Nepal, as defined by the Companies Act, 2063 (2006). It delves into the characteristics of private limited companies, public limited companies, and non-profit organizations, highlighting their formation processes, regulatory requirements, and roles in the Nepalese economy. Whether you're an entrepreneur, investor, or legal professional, this guide offers valuable insights into the corporate structures that drive business and social initiatives in Nepal.

May 04, 2025

E-passport issuance for Foreign Nepalese

This article provides a comprehensive guide for Non-Resident Nepalis (NRNs) on registering for e-passports. It covers eligibility criteria, necessary documentation, step-by-step application procedures, and the legal framework governing e-passports in Nepal. Additionally, it outlines the processing timelines and offers insights into the benefits of e-passports for NRNs.

May 04, 2025

Non-Resident Nepali (NRN) Property Rights in Nepal

This article delves into the property rights of Non-Resident Nepalis (NRNs) in Nepal, outlining the legal frameworks that govern property ownership, the types of properties NRNs can acquire, and the procedures for purchasing, inheriting, or investing in property. It also highlights the limitations and conditions imposed on NRNs to ensure compliance with Nepalese laws.

May 19, 2025

Online Marriage Registration Process in Nepal Explained

Online marriage registration in Nepal is a hybrid system where couples can initiate certain steps digitally, though final court presence is still required. Governed by the Muluki Civil Code, couples—whether Nepali, mixed-nationality, or foreign—must fulfill eligibility, residency, and documentation requirements. This article breaks down the step-by-step process for online initiation, in-person legal formalities, and required paperwork for different marriage types. It highlights practical legal insights, emphasizing how to navigate the system smoothly with legal consultation. Whether you’re a local or foreigner, understanding Nepal’s evolving marriage laws is key to securing a valid, recognized union.

May 19, 2025

Family Law in Nepal: Marriage, Divorce, Inheritance & More

Family law in Nepal governs key aspects of personal and domestic life such as marriage, divorce, inheritance, custody, adoption, and guardianship. It has evolved to reflect both traditional values and modern legal reforms, ensuring gender equality and child welfare. The National Civil Code 2017 and the Constitution of Nepal form the legal backbone for family rights and responsibilities. Alpine Law Associates provides expert family law services, from marriage registration and divorce to inheritance disputes and adoption proceedings. Whether you're an individual seeking legal protection or guidance, we offer personalized support to resolve family matters effectively.

May 21, 2025

Understanding Nepal's Suicide Law: Abetment, Legal Provisions, and Support

In Nepal, suicide is not a criminal offense; however, abetment to suicide is punishable under Section 185 of the National Penal Code, 2017. Individuals found guilty of encouraging or assisting suicide can face up to five years of imprisonment and a fine of up to NPR 50,000. The law emphasizes mental health awareness and aims to reduce stigma. Legal professionals play a crucial role in handling such cases, offering services like legal consultation, FIR filing, evidence collection, court representation, and compensation claims. Despite legal provisions, challenges remain in mental health support and awareness.

May 27, 2025

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