Civil law in Cameroon

Cameroon does not have one unified civil-law code and procedure regime for every region. Francophone practice generally relies on written civil law, while anglophone regions apply Common Law and customary law remains relevant in several matters. The Supreme Court contains Civil, Commercial, Common Law and Customary Law Sections. A dispute may therefore require an assessment of the region, the parties' domicile, the place of a marriage, customary affiliation, the property involved and the subject of the claim. Civil status establishes identity and legal personality through documents such as birth, marriage and death records. Civil-status officers and registration centres issue records and certified extracts, while courts can handle corrections, opposition and certain transcriptions. Law 2024/016 reorganises civil-status registration, including birth, marriage, death, correction, transcription and the recording of customary marriages. A Tribunal de Première Instance, commonly abbreviated as TPI, may be involved when a judicial decision is required. Contracts create obligations such as payment, delivery, performance or compensation. Written civil-law rules generally govern francophone practice, while Common Law contract principles apply in anglophone regions. OHADA, the regional Organisation for the Harmonization of Business Law in Africa, governs many business matters through uniform rules covering commercial status, companies, transport, securities, insolvency, arbitration, mediation and parts of contract and recovery law. Contract disputes may proceed through negotiation, mediation, arbitration or courts, depending on the agreement, the applicable legal system and the forum clause. Consent, performance, breach, evidence and the available remedy determine the practical outcome. Property disputes often concern land. A titre foncier is the principal formal document proving registered land rights. The usual process involves classifying the land, filing an application with the Ministry in charge of state property, surveys and land tenure, publishing the application, carrying out boundary work, allowing opposition and entering the result in the land register. The applicant then receives the duplicate title document. For qualifying national land developed before 5 August 1974, direct registration may be available to customary collectivities, their members or a Cameroonian person who proves the required development. The official fees include 3,000 CFA francs for opening a file and 5,000 CFA francs for a certificate, in addition to surveying, registration and stamp costs. The official pathway indicates approximately six months where the file is complete and no opposition arises, but disputes and missing documents can extend the process. Family law includes civil marriage, customary marriage, matrimonial property, divorce, parentage, custody and support. A customary marriage must be declared for transcription under Law 2024/016 at the place of birth, residence or celebration. Publication allows legitimate opposition for 30 days, after which the competent court can decide within 10 days before transcription if no impediment or valid opposition remains. Under Ordonnance 81-02, non-payment of a customary bride price does not by itself determine whether the marriage is valid. A common-law union generally does not create the same spousal, property or inheritance status as a recognised marriage according to guidance from MINPROFF, the Ministry of Women's Empowerment and the Family. Inheritance rules can differ between written civil law, Common Law and customary law. Administration may involve a family council, customary authorities, a Tribunal de Première Instance, a Tribunal de Grande Instance, a High Court, a Court of Appeal or the Supreme Court's Customary Law Division. The forum and applicable rules depend on the region, personal or customary law, the property and the dispute. Proof of death, kinship, marriage, customary affiliation and estate assets is often central, especially where customary land, widows, children or an unregistered union are involved. There is no single nationwide succession timetable or tariff established for every case. Civil liability concerns compensation or another remedy after a contractual breach or a wrongful act. A claim normally requires proof of the breach or fault, damage and a causal connection. Cameroon uses terms such as responsabilité contractuelle, responsabilité délictuelle and tort because the applicable legal tradition can differ. Ordinary civil or commercial courts, Common-Law courts and OHADA bodies may be relevant. Construction and public-contract instruments can also require civil-liability insurance referring to Code civil standards. Civil proceedings normally begin before the competent court or registry and continue through service, written pleadings, hearings and judgment. The ordinary hierarchy includes the TPI, Tribunal de Grande Instance, High Court, Courts of Appeal and Supreme Court, with customary courts and specialised sections where applicable. The justice system is generally public, and judgments are written and reasoned; a hearing may be held privately where the law allows it for reasons such as order, morality or security. A huissier, meaning a judicial service and enforcement officer, may handle service or enforcement steps. Filing, service, counsel and enforcement costs vary by claim and forum, and Cameroon has no single nationwide civil timetable evidenced for every proceeding. For covered private or commercial claims, forced recovery and preservation measures follow OHADA enforcement rules. The Uniform Act of 17 October 2023 entered into force on 16 February 2024 and covers payment and delivery or restitution orders, conservatory seizures and enforcement measures. A creditor generally proceeds through a claim or enforceable title, an order or judicial authorisation where required, and seizure, sale or another execution measure. The Act excludes matters such as international ship or aircraft seizures, state public-debt procedures and measures governed by other OHADA Acts. Proceedings that began under the former 1998 Uniform Act remain subject to the applicable transitional rules. Consumer-protection, employment and criminal matters may overlap with a contract or damages claim but belong primarily to their respective legal areas.