Civil law in Senegal

Senegal has no single equivalent of a general Code civil. The main sources are the Code des Obligations civiles et commerciales (COCC), the Code de la Famille, the Code de Procédure civile (CPC), special legislation and OHADA, the regional legal framework governing several business matters. French is the main legal language, and the rules apply nationally rather than through separate civil-law systems for different administrative regions. Civil status records are central to legal proof. Births, marriages and deaths must be registered through the relevant état civil service at a commune, through a consular office where applicable, or through another authorised civil-status body. A civil marriage or a marriage under personal-status rules should be followed by registration. An unregistered marriage or civil-status event can create difficulties when proving family relationships, inheritance rights or obligations toward third parties. The 2023 RGPH-5 recorded that 52.1% of marriages involving women were not registered, showing the practical scale of this risk. Contracts are mainly governed by the COCC. The party claiming an obligation generally has to prove it. A private written agreement, called an acte sous seing privé, can be challenged on authenticity and may require recognition or a court declaration of genuineness. Its date becomes opposable to third parties through registration or an official deed. A notaire is a public legal officer who prepares official deeds, especially for real-estate transactions and security interests. Digital contracts, electronic signatures and electronic evidence are also addressed by Law No. 2008-08. For a monetary debt, a formal mise en demeure is generally relevant before damages or other legal consequences are claimed, unless the applicable rule or contract provides otherwise. Land rights require careful distinction. Senegal recognises the Domaine national, the public and private property of the State, and registered land ownership. Land in the Domaine national is not automatically private property merely because someone occupies, uses or informally transfers it. A titre foncier is recorded in the land registers by the Conservateur de la Propriété et des Droits fonciers, with the DGID and Cadastre involved in land administration. A registered real right generally becomes effective against third parties through registration, and the DGID describes a titre foncier as final and not subject to challenge through ordinary ownership claims. A permis d'habiter, permis d'occuper or affectation can document use or possession without proving full private ownership. Notarial handling, prior declarations and publicité foncière are normally relevant to a land transaction. Registration duties, taxes and notary or conservator fees depend on the transaction. The Code de la Famille governs marriage, divorce, filiation, parental authority, matrimonial property and gifts. Marriage can use monogamy, polygamy or a limitation of polygamy chosen through the required declaration; these choices are definitive. A matrimonial property regime can arise under the Code or through a contract. The Constitution recognises a married woman's ownership and personal administration of her property. Divorce may proceed by mutual consent or through contested proceedings before the Tribunal d'instance at the wife's place of residence. A written application, the marriage certificate and, where relevant, children's birth certificates are normally required; the recorded official fee is 2,400 FCFA, while the duration depends on the case. Inheritance follows either the ordinary succession regime or the Muslim succession regime. Muslim succession applies when the deceased expressly chose it or clearly manifested that choice through conduct. The estate may involve heirship, reserved shares, acceptance or renunciation, partition and co-ownership. A jugement d'hérédité confirms the heirs and is commonly needed before dealing with estate property, land or bank accounts. It can be requested by children or a surviving spouse from the Tribunal at the deceased's last residence or place of death. Typical supporting documents include the death certificate, marriage certificate or certificates, children's birth certificates and the identity documents of two witnesses. There is no single guaranteed fee or processing period for every case. Liability can arise when a debtor fails to perform an obligation or performs it defectively. The obligation may require reasonable means or a specified result. Depending on the facts, remedies can include compensation and destruction or correction of work that does not conform to the contract. For monetary debts, late-payment damages may include statutory interest unless the contract provides another rule. The claimant generally bears the burden of proving the breach, loss and causal connection. Non-contractual liability is also handled through the COCC and special legislation; criminal law is separate and applies only where the conduct also constitutes an offence. The Tribunal d'instance handles personal-status matters regardless of the amount in dispute and has specific jurisdiction over residential tenancy cases. For personal and movable disputes, it gives a final decision up to 300,000 FCFA and a decision open to appeal for amounts up to 2,000,000 FCFA. The Tribunal de grande instance has general first-instance civil jurisdiction when a special court is not responsible. Appeals generally go to a Cour d'Appel, and the Cour suprême reviews legal errors through cassation. Senegal has six Courts of Appeal. The greffe prepares, keeps and issues copies of judgments and other court documents. Parties may generally appear themselves in civil and commercial proceedings; a lawyer is not automatically required in every case. Commercial disputes may fall under OHADA rules and the Tribunal de commerce rather than the ordinary civil process. This is especially relevant to merchants, commercial acts, companies and collective insolvency proceedings. A non-merchant involved in a mixed transaction may in some situations choose ordinary civil law. OHADA procedures also affect debt recovery, security interests and enforcement. The applicable forum depends on the primary nature of the dispute, not only on the fact that a contract contains a payment obligation. Conciliation is not generally a compulsory preliminary step in ordinary civil proceedings, but voluntary or court-supported conciliation and mediation can occur at any time. Maisons de justice, the Direction de la Justice de Proximité et de la Promotion de l'Accès au Droit, BAOJ and BIJ provide information, referral, mediation, conciliation or assistance for certain acts. Mediation is based on voluntary participation, confidentiality, independence, neutrality and impartiality; a settlement may require court homologation to obtain the intended legal effect. Legal aid is provided for by law for people with limited resources, although the scope and application requirements depend on the matter. A judgment or other enforceable title does not enforce itself. Since 16 February 2024, the OHADA AUVE adopted on 17 October 2023 and published on 15 November 2023 governs several enforcement measures, including injonction de payer, seizure and delivery or recovery orders, conservatory seizures and enforcement seizures. A Huissier de justice serves documents, records findings, collects debts and carries out enforcement of judgments and other enforceable titles. Court, bailiff, sale and enforcement costs vary with the case, the debtor's assets, service requirements and any objections or appeals.