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San Marino

Civil law

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San Marino is a civil-law republic that claims to be one of the world's oldest. Its basic texts include the Statutes of 1600 and a Declaration of Rights of 1974, and two Captains Regent serve together as heads of state. Its law draws on the old common law of Europe and on Italian law.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Statutes of 1600 and the Declaration of the Rights of Citizens of 1974, the highest law
  • Laws passed by the Great and General Council
  • The ius commune (old Roman and canon law), as a supplementary source
  • Italian law, which is often followed in practice

The main courts

  • The Guarantors' Panel, which checks laws against the Constitution
  • The Judge of Appeal and the Judge of Third Instance
  • The Law Commissioner and the Conciliation Judge, at first instance

Becoming a lawyer

A law degree, usually from an Italian university, and registration with the San Marino Bar.

What may surprise you

  • Two Captains Regent, elected every six months, share the role of head of state.
  • Many judges are Italian magistrates who work in San Marino under an agreement.
  • A written Statute dating from 1600 is still part of its basic law.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists San Marino as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about San Marino, consult a lawyer qualified there. Report a mistake.

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