Civil law in Niger

Niger’s civil-law framework is established but fragmented. An official 2019 review reported that the French Civil Code of 1804 remained in use and described it as obsolete. National statutes, customary rules, local usages and special legislation therefore have to be considered together. The applicable rule can also depend on public order, a ratified convention, the parties’ status, the type of property or contract, and the competent authority. Enacted legislation and other rules that prevail by law take priority over inconsistent usages. OHADA means the Organisation for the Harmonization of Business Law in Africa. Its rules have applied directly and bindingly in Niger since ratification in 1995. The OHADA framework covers commercial general law, companies, security interests, arbitration, mediation, insolvency and transport. It does not form a general civil-contract code for every private agreement, so a non-business contract may instead depend on the inherited Civil Code, a special statute, customary rules and the wording of the agreement. Contractual capacity can also follow the parties’ custom in an appropriate case. Civil status is governed in particular by Loi n°2019-29 relative à l’état civil. Birth, marriage, divorce or repudiation, and death records are handled through main or secondary civil-status centres, declaration centres, and diplomatic or consular posts. Civil-status officers and agents work with communes and the Ministry of the Interior. The national computerized civil-status register was reported as operational in 102 communes on 22 April 2026. Access normally begins at the relevant local civil-status centre, while correction may require the competent civil-status authority or a court. Fees and processing times vary, and no universal tariff was verified. Land rights have very high practical relevance. Ordonnance n°2026-24 on the national land regime replaced Ordonnance n°93-15. Written rights and customary land rights coexist, while the State remains the exclusive owner of natural resources and the sole legislator in land matters. A customary right can be confirmed through a public contradictory inquiry. If no opposition is filed, the resulting attestation can serve as a title. Land-conservation offices are decentralized within the jurisdiction of the relevant Tribunal de grande instance, or TGI. Urban, pastoral, forest, mining, gas, road and agricultural land can be subject to additional specific rules, so the responsible commune, conservation service, court or customary authority depends on the land and the requested action. Family law remains fragmented because no unified family code was identified in the reviewed official sources. Customary rules commonly govern personal status, marriage, divorce and filiation. In a conflict of customs, the wife’s custom applies to marriage, divorce, custody and the spouses’ outcome when she is Nigerien; otherwise the husband’s custom applies. A marriage or divorce under the Civil Code proceeds before a TGI. A customary divorce can proceed before a justice de commune or a tribunal d’instance. Repudiation belongs to the customary regime, gives the husband a unilateral power and requires certification by the justice de commune or tribunal d’instance. A judge separately determines custody, maintenance, schooling and transport arrangements. Civil-status registration remains required for the relevant family events. For succession and testament disputes, the deceased person’s custom generally governs conflicts. Law or local usages may apply when the parties jointly request them, when no applicable custom exists, when a party has clearly renounced the applicable custom or when the custom is silent. Customary assessors may assist the courts in these matters and have a consultative voice. Donations are generally assessed under the donor’s custom. Customary authorities, civil courts, customary assessors and notaries may all have a role, depending on the transaction and dispute. Proof, fees and timing depend on the case. Civil liability claims rely on the inherited Civil Code and special statutes. Niger has no current comprehensive civil-liability code or standard damages tariff identified in the research. The claimant therefore needs to establish the relevant conduct or event, causation and loss before the competent civil court. A court, lawyer, court registry and huissier, meaning a court officer involved in service or enforcement, may be involved. Costs and duration are not uniform. Civil, commercial and social proceedings are governed by the Code of Civil Procedure, Loi n°2015-23. The court system includes communal tribunals, tribunals of instance, communal district tribunals, TGIs, specialized rural-land and commercial courts, courts of appeal and the Cour de cassation. Ordinary proceedings usually begin through the court registry, called the greffe, or by a summons. Self-representation is allowed unless a specific procedure requires representation. A référé is an urgent, provisional and contradictory procedure that can provide an immediately enforceable provisional measure. An ordonnance sur requête is a written, non-contradictory order that can be withdrawn or challenged. The identified time limits are 15 days for a référé appeal and one month for a cassation appeal from the court of appeal, subject to the applicable procedure. Enforcement is most clearly established for OHADA business matters. The 2023 AUVE, the OHADA Uniform Act on simplified recovery procedures and enforcement measures, applies directly in OHADA member states, including Niger. It provides procedures such as an order to pay, an order to deliver or return property, conservatory seizures and execution measures. A local huissier, judge or greffe implements the applicable step. Business cassation matters go to the CCJA, the Common Court of Justice and Arbitration of OHADA, while non-business civil cassation matters go to Niger’s Cour de cassation. For purely civil claims outside the OHADA framework, the enforcement procedure, fees and timing require case-specific verification.