National Codes & Statuses of Vinland
Vinland uses a special judicial system based on a mix of common and civil laws. Similarly to many common law systems, the Court rulings are based on previously existing jurisprudence from relevant similar cases. However, Vinland also disposes of Codified Statuses that entranch into law ground rules to guide the National Court of Vinland in its rulings.
The National Codes & Statuses of Vinland listed below compiles all the Statuses currently active within Vinland.
“Individual” shall refer hereinafter to any human being, regardless of their creed, faith, ethnicity, gender or sexual identity.
“Legal individual” shall refer hereinafter to any person, moral or physical, entitled to rights and duties.
“Citizen” shall refer hereinafter to any individual lawfully possessing the citizenship of the Republic of Vinland as prescribed in §3 of the Constitution of 1st October 2024.
“Minor” shall refer hereinafter to any individual under the age of eighteen.
“Adult” shall refer hereinafter to any individual aged eighteen or more.
“Agent of the Law” shall refer hereinafter to all individuals allowed by the Law to ensure its enforcement and compliance by their fellow citizens.
“Agent of the Court” shall refer hereinafter to all individuals invested in legal procedures, as either Attorneys, Judges, or Clerks.
“Court” shall refer hereinafter to the whole of the Institutions in charge of prosecuting violations of the Law.
“State” shall refer hereinafter to the whole of the Government’s institutions in charge of running the country, promulgating legislation, ensuring its enforcement, and providing services to the citizens of Vinland.
“Jurisdiction” shall refer hereinafter to the entirety of the territories, domains, and areas, physical or moral, where the Republic of Vinland exercises full or partial legislative and administrative authority.
“Discrimination” shall refer hereinafter to any distinction established between individuals on the bases of gender, ethnicity, political or religious beliefs, origins, or any other factor.
“Legislation” shall refer hereinafter to the entirety of the legal texts legally and active within the jurisdiction of the Republic, including, but not limited to, Legislative Bills, Executive Orders, Codes, Codified Statutes, and By-Laws
Section I: Civil rights
Every individual possesses a juridical personality and as such is entitled to the full enjoyment of their Civil Rights.
Every individual is the holder of property and patrimony.
Their property and patrimony may be seized, divided, or appropriated only if in accordance with the laws of the Republic.
One’s property or patrimony may not be unlawfully seized by the State.
Every individual is the holder of personality rights.
These rights include the right to life, the right to the integrity of their mental and physical person, the right to respect of their name, reputation, and private life, and the right to be protected from torture and ill treatments.
These rights are inalienable under no circumstances.
Every individual is entitled to the full exercise of their civil rights.
In the event where it is believed that an individual under the jurisdiction of the State may be unable to exercise their rights because of mental or physical deficiencies they may request to the Court the delegation of their rights to a representative.
If accepted by the Judge after the conducting of the appropriate medical examinations, a representative may be chosen to represent the person’s rights.
Every individual is bound to exercise their rights under the surname and usual given name assigned to them as registered in government records.
All individuals are allowed to demand modification of this information in accordance with the dispositions of §5.2 (I); CSI.
Any individual is allowed to change their information in the citizen register in order to see their preferred gender identity recorded.
Any individual aged fifteen or less requires the consent of their parent or legal tutor in order to register a change of status in the citizen register;
Upon registering the change in the citizen register, all of the government files shall be modified in accordance, court files featuring the former name of the individual shall retain the former name but be updated in order to also feature the new name.
Once acted, only the new identity may be used in all government proceedings, and the former identity shall remain confidential.
Any individual’s former identity may be discussed in the case of proceedings related to their activities prior to the modification of their information in the citizen register, and may only be used to confirm the identity of the individual. Once their identity is confirmed, the Court shall exclusively use their currently registered identity for the rest of the proceedings.
Every individual is bound to exercise their civil rights in good faith.
As such they shall not exercise their rights with the intent of injuring another, of infringing on another’s rights, or by otherwise abusing their intent of good faith.
The exercise of civil rights may be restricted by the State if it allows for the maintaining of Public Order, or individual’s safety.
Section II: Care
No one may go under any form of care, whether it is examination, specimen taking, or any operations modifying their current physical state without previously giving their clear and explicit consent to receiving the care, whether it is formulated verbally or on written form.
Consent may be withdrawn at any time by the individual receiving the care, referred hereinafter as “the patient.”
The consent of the patient is considered valid only if given freely, without the use of any means of coercion or otherwise that may impair their judgement at the time of giving consent.
The individuals responsible for providing care, referred hereinafter as “practitioners” shall always provide to the best of their abilities legal care to their patients.
Practitioners may not refuse to provide care to a patient if the service demanded is a) provided by the practitioner, and b) legally allowed within Vinnish Jurisdiction.
In the event where a practitioner is unable to provide a specific care to a patient, they shall indicate to them, to the best of their knowledge, how to access the care in question.
If an adult individual is the representative of another individual pursuant to §3.2 (I); CSI, they may give or refuse consent in their place for receiving care.
In such cases, the representative shall always act with the best interests of the individual they represent in mind.
If an adult individual is not so represented, nor do they have expressed previous medical indications, consent shall be demanded to their de facto partner.
In the event where the individual does not have a partner, or they are unable to give consent, the consent to care shall be demanded either to one of their family members, or any relative showing special interest in the individual.
In the case of an emergency, the consent of the individual is not required if their life is in imminent danger, or threatened, and they cannot be obtained in due time.
In order for a minor aged fourteen or younger, the consent of one of their parents or legal tutor is required.
Minors aged fifteen or older may give consent to receiving care without consulting an adult. If a minor is to be kept in a medical facility for more than twelve hours, their parent or legal tutor is to be informed.
Consent of a minor aged fifteen or older overrides the consent of their parents or legal tutor.
The parents or legal tutor of a minor may withdraw their consent for care at any point, in such case, the practitioner may override their decisions if there are reasonable grounds for them to believe the cessation of the care may cause harm to the minor.
In such a case, the practitioner shall document in written form the grounds for overriding tutorial consent.
If the parents or legal tutor believe that there was an abuse in overriding power, they shall immediately petition the Civil Court, which shall investigate the matter.
Unless expressed otherwise, all citizens aged fifteen or more, consent to the use of their body for scientific or medical purposes upon their death.
The body of individuals aged fifteen or less may not be used for scientific or medical purposes upon their death, unless the parents or legal tutors give their consent post mortem.
individuals may withdraw their consent at any time by addressing a written request to the State.
Parents or legal tutors may not withdraw their consent, as it may be done only by the concerned individual.
“Medical research” is defined hereinafter as the conducting of research operation on living beings, that includes the studying, prelevation, modification, alteration, of tissues or bodily matters with temporary or permanent effect on the individual subjected to the test.
Information collected during care may be used anonymously for the purpose of medical research with the consent of the patient.
Section III: On Transgender Individuals
“Transgender individual” shall refer hereinafter to any individual who doesn’t identify with the gender assigned to them at their birth, is undergoing, or planning to undergo, specialized healthcare procedures in accordance with their gender identity.
Transgender individuals shall be referred to by their expressed preferred identity upon request, however, only their identity indicated on the citizen register may be used in government files.
Any transgender individual is allowed to change their information in the citizen register in order to see their preferred gender identity recorded.
Any transgender individual aged fifteen or less requires the consent of their parent or legal tutor in order to register a change of status in the citizen register;
Upon registering the change in the citizen register, all of the government files shall be modified in accordance, court files featuring the former name of the transgender individual shall retain the former name but be updated in order to also feature the new name.
Once acted, only the new identity may be used in all government proceedings, and the former identity shall remain confidential.
Transgender individual’s former identity may be discussed in the case of proceedings related to their activities prior to the modification of their information in the citizen register, and may only be used to confirm the identity of the individual. Once their identity is confirmed, the Court shall exclusively use their currently registered identity for the rest of the proceedings.
Demand for information change to the citizen register must be accompanied by an attestation from a recognized care practitioner attesting the genuineness of the individual’s demand.
Once their information in the citizen register is updated, transgender individuals may demand a renewal of their official documents prior to their expiration to reflect these changes.
Any transgender individual is allowed to undergo specialized care in accordance with their gender identity.
Any transgender individual aged fifteen or less requires the consent of their parent or legal tutor in order to undergo specialized care.
Tutorial consent outlined in §4.1 (I); CSI, §5.2 (I); CSI and §17.1 (I); CSI may be overridden on the advice of a recognized practitioner if the refusal of consent provokes important moral or physical distress to the individual, or if the refusal of consent creates a direct threat to the physical integrity of the individual.
Any recognized care practitioner may petition the National Court of Vinland to obtain the right to override.
The proceedings for such a case shall follow the procedures outlined by the Executive Order EO - 0004.
Section I: Civil Unions
“Civil Unions” shall refer hereinafter to the act by two adults, of expressing their free consent to living together, and to abide by the rights and duties inherent to that situation.
Civil Unions may only be contracted between two individuals free from any form of previous union with a third person.
Civil Unions shall be granted to any individual fitting the aforementioned criterias, regardless of their gender identity, race, creed, or political beliefs.
Partners of a civil union are entitled to each other’s respect of both their moral and physical integrity.
As such, a partner to a civil union is notably not entitled to sexual relations with the other partner if they do not consent to the relation.
Civil Unions must be celebrated before a competent individual which may include:
A representative of the State, such as a deputy, a prefect, or a notary;
Or a recognized minister of a cult.
The celebration must also include two witnesses in charge of proving the sincerity of the Union.
Once under a civil union the partners retain the full ownership of their respective physical and intellectual properties.
The partners may decide to share ownership over parts of their property, such as their home or their vehicle, or the entirety of their properties.
Unless agreed upon by all the partners, an individual’s debts cannot be automatically shared between the partners of an union.
In order for one’s debts to be shared with their partner, the partner must give their consent freely, and without pressures or coercion aimed at influencing their decisions.
The partners of a Civil Union are free at any time to rescind their union with one another.
In such cases both parties shall sign a written agreement regarding the division of their shared possession if applicable.
The decision to rescind the union can originate from a common decision by the involved parties, or from an unilateral desire by one of the parties.
In order for the written settlement to be considered valid, it must be negotiated in the presence of a State official or recognized notary, who shall guarantee that the settlement is the result of a common agreement before registering it with the State.
In the circumstances where the decision to rescind the union is due to issues of domestic abuse from a partner, or if the partners are unable to settle the division of their shared properties, the case shall be referred to the National Court of Vinland for a ruling.
The National Court of Vinland shall divide the property between the partners.
In doing so, the Court must notably account for the financial situation of the partners, history of domestic abuses, mental and physical situations, as well as the needs of the children if applicable.
Section II: Children
All children are entitled to protection, safety, and attention that their parents, or legal tutor, can grant them.
All children are entitled to receive adequate education, healthcare, and protection from the State throughout their development.
Decisions made in regard to a child must keep in mind their best interests and be respectful of their agency.
Must be taken into consideration the child's moral and physical needs, along with their age, gender, family and health situation, including potential circumstances of domestic abuse as defined in the Book II.
All children are entitled to a regular contact with their parents, unless the child specifically, and freely, express a desire to cease contact with either one or both of their parents, or if the contact with either of their parents presents a direct threat to the child’s moral or physical integrity, or is a source of moral distress for the child.
All children shall see their rights respected pursuant to §2 (I); CSI regardless of their kinship, creed, ethnicity or gender identity.
All parents and legal tutors have a natural authority over their children, however, this authority shall only be used to protect the children’s rights in good faith.
Parental authority shall never be used to impose unreasonable restrictions on the children.
The court may revoke one’s parental authority at any time if there are reasonable grounds to believe that said parental authority has been used to unnecessarily restrict the autonomy of the children or cause harm to their moral or physical integrity.
The parents or legal tutors are obligated to provide their children with housing, clothing, food, and facilitate their access to educational and health services until their majority.
The parents or legal tutors are obligated to provide these services without demanding any form of repayment from their children.
In the circumstances where the parents or legal tutors are unable to fully provide the services to their children, they may request aid from the State.
The parents or legal tutors do not have the authority to provide education themselves in place of the recognized educators.
The children must attend school until they are at least sixteen years old.
In special circumstances, the parents may demand a specialized educator recognized by the State to provide education to their children at their domicile.
Section III: Succession & Inheritance
“Inheritance”shall refer hereinafter to the entirety of the property owned by an individual as, defined under the Civil Status of the Property, that can be transferred to their legal successors, who shall be referred to hereinafter as “the heirs”.
“Succession” shall refer hereinafter to the process of distribution of the inheritance among the heirs, upon the death of the owner.
If an individual wishes to distribute their assets in a specific manner, they may write a will and register it through a recognized notary.
Any individual may amend, adapt, or rescind their will at any time.
In order for the will to be accepted by the notary, it must be written with the full consent of the owner, without any form of pressure or coercion that could have influenced their decision.
The will of a deceased shall be applied stricto sensus unless it is in breach of any national legislation.
In the event where a deceased does not possess a will at the time of their death, the assets shall be distributed equally among the heirs.
The heirs are understood here as the children of the deceased, their partner, and their siblings.
In an absence of heirs by kinship, the inheritance may be given to a designated close relative of the deceased, such as a friend.
The equal distribution of the inheritance shall be overseen by a judge of the Court.
The heirs may demand, if freely agreed upon by all heirs, an unequal distribution of the inheritance.
In case of an absence of heirs, the inheritance shall be auctioned with the benefits being transferred to a caritative organization.
In case of challenges on the content of the will, the case shall be brought before the National Court of Vinland for mediation by a judge.
Wills made under suspicious circumstances, including financial or emotional dependency on a single individual, or under risk of post-mortem manipulation or alteration of the will, shall be subject to judiciary review before being enacted.
According to §3 of the Vinnish Bill of Rights, all individuals prosecuted by the Courts of Vinland are entitled to a fair trial and due process;
Therefore, all individual prosecuted within the Republic of Vinland are entitled to access the adequate procedures in the briefest delays possible;
They are also entitled to a lawyer to represent them in Court.
The National Court of Vinland, referred hereinafter as “the Court” is the main adjudicating body of the Republic of Vinland.
The Judiciary System guarantees due process to all the individuals within the Republic, as well as an automatic presumption of innocence for the defendant.
In the case of allegations of Sexual Assault however, the Court shall undertake special procedures adequate to the situation and the conditions of the victim.
The Court is presided over by the Honorable Judge, who shall be appointed directly by the Presidency of the Republic of Vinland.
The Honorable Judge shall preside over the Court's proceedings in an impartial manner.
All individuals within the Republic of Vinland may file a complaint to the Court for a violation of the Law, and may request a legal representative to assist them in their judiciary proceedings.
In cases involving the State, the State shall be represented by the Attorney General.
In order to petition the Court, the plaintiffs, shall fill NCV-PD-001 form before submitting it to the Honorable Judge.
Upon receiving the petition the Judge shall decide on the merits of the petition based on the law and previous jurisprudence.
The Judge shall notify the individual or organizations targeted by the petition for commentary on the situation and address the author.s’ claims.
In order to be admissible the petition must present sufficient reasons to believe a violation occurred;
A petition may be rejected in the absence of sufficient grounds to believe in the existence of a violation, or if there are sufficient grounds to believe the petition to be an abuse of the Judiciary system.
If the petition is deemed admissible, a case shall be officially opened by the Court.
In such circumstances, each party to the case shall provide a thorough argumentation regarding the case.
The authors shall present facts, witness’ testimonies and claims regarding the violation as well as the legislation to have been allegedly violated by the defendant.
The defendant shall present facts, witness’ testimonies, and/or comments on the alleged violation.
The Court may require additional information to the parties if deemed necessary, in which case, the parties are expected to provide the requested information in the briefest delays.
The Judge may also hold hearings of both parties.
Hearings ought to be privately held but may be made public at the demand of either of the parties to the proceedings.
Once all the hearings are held, the arguments of both parties heard, and all the material thoroughly reviewed by the Judge, the Court shall release its ruling on the matter.
The ruling shall be presented using the NCV-RuP-001 form.
The ruling shall present the entirety of the facts, claims and arguments of each party, evidence (if any), the relevant legislation and jurisprudence, and the Court ruling based on the materials.
In providing its ruling the Court must consider both the existing jurisprudence and the active legal statuses in order to make its decisions; in the event where jurisprudence and relevant legal statuses are conflicting, the legal statuses shall be considered in priority in the ruling.
Once the ruling is delivered, the parties dispose of a delay of seven days to file an appeal in a second instance against the ruling to the Appeal Court.
An appeal may be demanded by filling NCV-AP-001 form.
An appeal may be demanded if there are reasonable grounds to believe that a factual or legal error susceptible to have affected the ruling occurred.
If an appeal is demanded, the Appeal Court shall review its merits.
If the grounds appear reasonable to the Appeal Court, the ruling should be reviewed a second time in the light of the Appeal’s claims.
The second ruling shall follow the dispositions of §9.1; PSNC.
The second ruling may not be appealed.