In the October 2025 edition of the Dutch legal monthly journal Ars Aequi, Dr. Chequita Akkal-Ramautar published a comprehensive article titled ‘The New Surinamese Civil Code: Influences and Parallels with the Dutch Civil Code.’ The article delves into the implications of Suriname’s new Civil Code, which came into effect on May 1, 2025, particularly focusing on the status of allodial property and hereditary possession (aeeb). Article 5:1a of the new Civil Code states, ‘Allodial property is considered as property under this book.’ This provision was intended to resolve a long-standing legal dispute that had caused significant confusion among legal scholars. Akkal-Ramautar highlights that the legislative explanation (Memorie van Toelichting) reveals the lawmakers’ intent to clarify this contentious issue. Historically, there were two prevailing interpretations of aeeb among legal experts: one viewing it as a limited real right and the other as full ownership. The former interpretation posits that there are two rights holders: the bare owner (the State) and the limited real rights holder (the user of the land). The latter interpretation, supported by prominent legal figures such as Dr. C.A. Kraan and Mr. F. Kruisland, argues that aeeb constitutes full ownership. The new Civil Code appears to align with this latter view. However, Akkal-Ramautar points out a critical oversight: the new Code refers to ‘allodial property’ but omits ‘hereditary possession,’ a term legally recognized since the 1820 Royal Decree and the Principles of Land Policy Decree. This omission raises questions about whether the legislature intended to abolish aeeb or merely redefine it. Akkal-Ramautar emphasizes that this legislative ambiguity creates legal and practical uncertainty. She also critiques the lack of attention to earlier scholarly recommendations for clearer legal drafting. In conclusion, Akkal-Ramautar advocates for legislative revision to accurately reflect the legal status of aeeb and ensure legal certainty, asserting that the concept of allodial property and hereditary possession remains unresolved.
