The legal system of Nicaragua
A civil-law system under the 1987 Constitution, materially reshaped by amendments in 2014 and 2021 that removed presidential term limits and expanded executive control. Two autonomous Caribbean coast regions hold statutory self-government and communal land title under Law 28 and Law 445 — the framework the Inter-American Court enforced in Awas Tingni. Independent legal practice has narrowed sharply since 2018, and the bar association was among thousands of organisations stripped of legal personality.
Legal tradition
Nicaragua belongs to the civil law tradition. A civil-law system under the 1987 Constitution, materially reshaped by amendments in 2014 and 2021 that removed presidential term limits and expanded executive control. Two autonomous Caribbean coast regions hold statutory self-government and communal land title under Law 28 and Law 445 — the framework the Inter-American Court enforced in Awas Tingni. Independent legal practice has narrowed sharply since 2018, and the bar association was among thousands of organisations stripped of legal personality.
How power is divided
Unitary, with 15 departments and two autonomous regions — the Región Autónoma de la Costa Caribe Norte and Sur — which have regional councils and recognised communal property.
Where law comes from
- Constitution
- Incorporates a list of human-rights instruments with constitutional rank (Article 46).
- Statutes of the National Assembly
- Single chamber of 91 deputies.
- Codes
- Civil Code 1904, Labour Code (Law 185), Family Code (Law 870), Criminal Code (Law 641).
- Autonomy statutes
- Law 28 and Law 445 on Caribbean coast self-government and communal title.
The legal profession
Admission historically ran through the Supreme Court with the Colegio de Abogados y Notarios; the association lost its legal personality in the mass cancellations after 2018, so licensing now sits effectively with the court alone. Many practitioners work in exile.
Law by topic in Nicaragua
- Constitutional LawConstitutional Chamber amparo, with contested independenceThe 1987 Constitution provides amparo, habeas corpus and habeas data through the Sala de lo Constitucional of the Corte Suprema. Since 2018 the OAS, the UN human-rights system and a UN Group of Human Rights Experts have documented the dismantling of independent checks, including mass deprivation of nationality, so the written guarantees and their practical availability diverge sharply.
- Tax LawLaw 822 income tax with a minimum definitive paymentThe Ley de Concertación Tributaria (Ley 822) governs income tax, VAT and excise. Corporate tax is 30%, but taxpayers pay the higher of that or a pago mÃnimo definitivo on gross income, which makes the minimum tax decisive for low-margin businesses.
- Civil ProcedureOral civil procedure since Law 902 took effect in 2017The Código Procesal Civil (Ley 902) replaced the 1906 written code and introduced oral hearings, concentrated evidence and electronic notification. It is a genuine modernisation, though implementation capacity varies outside Managua.
- Immigration & NationalityLaw 761 residence categories and CA-4 movementThe Ley General de Migración y ExtranjerÃa (Ley 761) governs entry and residence through the Dirección General de Migración y ExtranjerÃa. Nicaragua is a CA-4 member, though it has repeatedly restricted exit and entry for specific nationals and critics.
- Property & LandRegistered title over an unresolved confiscation legacyTitle is registered in the Registro Público de la Propiedad Inmueble. Two overlapping problems dominate: unresolved claims from the 1980s reform-era confiscations, and post-2018 seizures of property belonging to closed NGOs, universities and exiled critics.
- Employment & LabourLabour Code with annually negotiated minimum wagesThe Código del Trabajo (Ley 185) of 1996 governs employment and is protective in construction. Minimum wages are agreed annually in a tripartite commission by sector, with free-zone textile wages negotiated separately on a multi-year basis.
- Business & CorporateCommercial Code companies with a single-window registryThe Código de Comercio of 1914 still governs company forms, with the sociedad anónima predominant. Registration runs through the Registro Público Mercantil, and the Ventanilla Única de Inversiones consolidates the tax, municipal and social-security steps.
- Family LawThe 2014 Family Code and specialised family courtsThe Código de Familia (Ley 870), in force since 2015, consolidated family law and created dedicated Juzgados de Familia with oral procedure. It recognises unión de hecho estable and places the best interests of the child at the centre of custody decisions.
- Criminal LawAdversarial code with jury trial and expanded political offencesThe 2001 Código Procesal Penal is adversarial and unusually retains jury trial for serious offences. Since 2018, however, new statutes on treason, cybercrime and terrorism financing have been applied to protest and journalism, and the UN experts group has documented systematic due-process violations.
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