Civil law in Benin

The central national legal sources include the personal and family code (Code des personnes et de la famille), the land and property code (Code foncier domanial), and the civil, commercial, social, administrative and public accounts procedure code (Code de procédure civile, commerciale, sociale, administrative et des comptes). The Ministry of Justice and Legislation (Ministère de la Justice et de la Législation), civil-status offices, notaries, court clerks and enforcement officers perform different tasks depending on the circumstances. Civil-status matters are usually handled by the civil-status office. If birth, death or marriage records are missing or were registered late, the court of first instance (Tribunal de première instance), abbreviated as TPI, may issue a supplementary or corrective judicial decision. Contracts include sales, residential leases, professional leases, credit leasing and security interests. Transfers of ownership, land-register matters, mortgages and subdivision of land often involve the National Agency for Land and Property (Agence Nationale du Domaine et du Foncier), abbreviated as ANDF, a notary or the court. Family law covers marriage, divorce, parentage, adoption, parental responsibility, guardianship, maintenance and matrimonial property regimes. In inheritance matters, notarial evidence or an heirship judgment establishes heir status; an amicable division is possible if all heirs who are present and legally capable agree. Civil claims may initially be pursued through a payment demand, negotiation or mediation. Contested proceedings may involve the court of first instance, the court of appeal (Cour d'appel) and the Supreme Court (Cour suprême); commercial disputes generally fall within the jurisdiction of the commercial court (Tribunal de commerce). Small claims up to 5,000,000 FCFA may be heard by the competent small-claims chamber of the court of first instance. An appeal must generally be filed within no more than two months; for a person domiciled abroad, the period is extended by two months. After an appropriate enforceable title, an enforcement officer (Huissier de justice) may initiate enforcement, for example by seizing bank accounts, wages, movable property or real estate. Enforcement does not automatically result in payment if there are no assets that can be seized. Court proceedings are generally free of charge, but statutory procedural costs, stamp duties, registration and copying fees, and fees for lawyers, enforcement officers, notaries or experts may arise. Since 2024, legal aid in Benin has included information, advice, document assistance, out-of-court conflict advice and support before the courts; whether a person receives the specific service must be checked locally. Consumer, employment and criminal law do not form part of civil law itself, but they may be relevant at particular points as matters of distinction or consequence.