Civil law in the Republic of the Congo

For the Republic of the Congo, also known as Congo-Brazzaville, the official directory of the Secrétariat général du Gouvernement does not contain a single current comprehensive civil code. Private legal relationships therefore arise from the civil code (Code civil) and older rules on obligations, the family code (Code de la famille), the land and property code (Code domanial et foncier), civil procedural law and sector-specific legislation. The official publications of the official gazette (Journal officiel) serve informational purposes; the paper edition must be consulted for the authoritative legal text. For contracts, these rules govern, among other things, formation, performance, non-performance and damages. For commercial contracts, security interests, arbitration, debt collection and enforcement, the OHADA legal framework (OHADA) may also apply. OHADA functionally supplements national law but does not replace every national provision. Land rights are of particularly high practical importance in the Republic of the Congo. Law No. 10-2004 guarantees private land rights nationwide. Law No. 26-2022 covers, among other things, urban, peri-urban and certain state-recognized customary lands. A land title (titre foncier) and the land-rights register provide the central legal protection. The Directorate of Land Affairs, Cadastre and Topography (Direction des affaires foncières, du cadastre et de la topographie), the registrar (Conservateur) and the departmental one-stop land office (Guichet unique foncier départemental) handle surveying, registration and recording depending on the procedure. A sale without verifiable ownership and register documents can therefore create significant risks. Family law governs marriage, parentage, adoption, parental responsibility, guardianship, maintenance, separation and divorce. A marriage takes place before the civil-status officer (Officier de l’Etat-Civil) and requires personal consent. The family code specifies, among other things, age limits of 21 for men and 18 for women; under statutory conditions, exceptions may be granted by the prosecutor (Procureur), and for minors additionally with parental consent. The constitutional review of certain provisions in 2020 means that current case-specific review is necessary for detailed questions. Divorce and legal separation (séparation de corps) are decided by the courts; the judgment may regulate custody, visitation rights and maintenance. In an inheritance, statutory succession, a will, gifts, forced-heirship or reserved-share rules, as well as liquidation and distribution of the estate, may be relevant. Heirship is established in particular by a certificate of notoriety (acte de notoriété) or a notarial inventory. Heirs may accept the inheritance unconditionally, accept it under the protection of an inventory or renounce it; the decision period is six months. The Administration of Estates (Administration des domaines) and the court may have jurisdiction over ownerless or vacant estates. Civil liability may arise from a contract or from a tort. Depending on the applicable regime, the issue may concern material or non-material damage; special rules exist, for example, for compulsory liability insurance in road traffic and construction. Criminal penalties do not form part of the core assessment of civil damages. Civil claims typically begin with contracts, civil-status documents, ownership documents or other evidence. Depending on the case, the next step may be a settlement, proceedings before the court registry (Greffe) or a claim before the competent court. The ordinary courts include, among others, the Court of First Instance (Tribunal d’instance), the Court of Major Jurisdiction (Tribunal de grande instance) and the Court of Appeal (Cour d’appel); the Supreme Court (Cour suprême) deals with matters within its jurisdiction. Self-representation before the courts is generally possible, except before the Supreme Court. The justice system is generally free of charge at all instances, but court-registry, notarial, bailiff, publication and land-registration fees may arise. The unsuccessful party may ultimately be ordered to pay costs. There is no reliable nationwide average duration for proceedings. A judgment does not automatically stay enforcement. Bailiffs are particularly responsible for national compulsory enforcement. In covered commercial, debt and security-interest matters, OHADA procedures for simplified debt collection and enforcement measures apply; the Common Court of Justice and Arbitration (CCJA) ensures uniform interpretation and may act as a court of cassation on OHADA matters. Jurisdiction, documents, fees and time limits depend on the specific area of law, court, office and procedure.