San Marino · Overview
The legal system of San Marino
One of the world’s oldest republics, with a legal order resting on its historic Leges Statutae, the ius commune and modern statutes rather than a single written constitution. San Marino uses the euro under agreement with the EU without being a member.
Legal tradition
San Marino belongs to the civil law tradition. One of the world’s oldest republics, with a legal order resting on its historic Leges Statutae, the ius commune and modern statutes rather than a single written constitution. San Marino uses the euro under agreement with the EU without being a member.
How power is divided
A parliamentary republic in which two Captains Regent serve as joint ceremonial heads of state for six months, a Congress of State governs, and the Grand and General Council legislates.
Where law comes from
- Declaration of Citizens’ Rights
- The 1974 charter of fundamental principles.
- Leges Statutae
- The historic statutes of 1600.
- Laws of the Grand and General Council
- Modern primary legislation.
- Common law (ius commune)
- Roman-based common law applied as gap-filler.
The legal profession
Avvocati and notai belong to the professional order of San Marino; many judges are non-resident Italian magistrates appointed for fixed terms.
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