Procedures
A single court, three instances and ius commune as fallback law
All jurisdiction is concentrated in the Tribunale Unico, with appeal and a limited third instance. Where no statute governs, the common law of continental Europe, the ius commune, still supplies the rule of decision.
Key rules
- Civil claims start before the Commissario della Legge in the Tribunale Unico.
- Appeal lies to the Giudice d'Appello, with a further review in defined cases.
- Ius commune applies subsidiarily because there is no Sammarinese civil code.
Governing law
- Law 55/2017 reforming civil procedure
- Leges Statutae (1600)
In practice
Pleadings routinely cite Roman-law doctrine and Italian case law persuasively, since San Marino has never adopted a civil code of its own.