Civil law in Seychelles

The Civil Code of Seychelles Act, 2020 regulates persons, marriage, children, guardianship, property, succession, wills, contracts, delicts, mortgages, compulsory sales and prescription. Seychelles combines this codified civil-law framework with court procedures influenced by common law. The applicable institution and procedure depend on the subject, the value of a claim, the location of property and the people involved. Legal capacity begins at completed birth. A minor is under 18, while an adult generally has full capacity to act. The Civil Status Division of the Immigration and Civil Status Department registers births, deaths, marriages, divorces, name changes and identity records. Births generally require registration within 30 days, and deaths must be reported within 24 hours. A name change requires an application to Civil Status and local publication; published charges are approximately SCR 1,000 for the application, SCR 1,025 for the Gazette and SCR 189.75 for Seychelles Nation. The Curatelle Act 2021, amended in 2024, provides a protective and administrative regime where an adult's decision-making ability is restricted. Contracts are governed directly by Civil Code Articles 1101 to 2203. The rules cover formation, contractual effect, performance, evidence, non-performance and defective performance, as well as sales, hire, partnership, loans, deposits, agency, suretyship, settlements, pledges and mortgages. Parties generally choose their contractual arrangements and the applicable law, but a contract made abroad does not create a mortgage over land in Seychelles without compliance with local law. A contractual claim is normally brought by plaint before the court with jurisdiction. Court, lawyer and registration expenses vary by case; no single uniform total fee applies to every contract dispute. The Registration Division and Registrar General maintain the land registration system in Victoria, Mahé. Land transactions use the Land Register and can involve title searches, transfers, transmissions, leases, subleases, usufructs, easements, restrictions, mortgages and charges. A non-Seychellois generally needs prior sanction under the Immovable Property (Transfer Restriction) Act before acquiring immovable property. The sanction application has a non-refundable fee of SCR 3,000; if approved, the charge is 1.5% of the purchase price or value. A non-Seychellois property tax of 0.50% of market value is generally payable by 31 December. Registration, title-search, mortgage and other charges follow the current fee schedule, and processing time depends on the transaction and register records. Family matters include marriage, nullity, divorce, separation, parental responsibility and maintenance. Marriage generally begins at 18. Civil Status rules provide for publication of banns for 11 days, while an earlier marriage may use a licence from the Chief Officer costing SCR 500. Foreign applicants may need birth, divorce and death certificates, a passport, a certificate of celibacy, apostille or authentication, and sometimes a police certificate or permit of stay. The Family Tribunal handles custody, access, care, maintenance, paternity, non-removal and family violence matters. Registration Officer access through the Magistrates' Court is part of the procedure for Family Tribunal matters. Settlement or mediation can assist with custody, access and maintenance, but mediation is not used for family-violence proceedings under the Protection of Victims of Domestic Violence Act. Appeals proceed from the Family Tribunal to the Supreme Court and then the Court of Appeal where available. Succession covers estates after death under Civil Code Articles 718 to 814. A person may leave a will, or the estate may pass under intestacy rules to descendants, ascendants, collaterals or a surviving partner in a qualifying relationship. Immovable property in an estate vests in the Executor for transfer, while movable property passes to legally entitled beneficiaries subject to estate debts. A person can expressly renounce an inheritance at the Court Registry. Choosing the benefit of inventory requires an inventory within three months followed by a 40-day period for consideration. The Curator of Vacant Estates and the Supreme Court Master handle relevant executor and fiduciary matters. Foreign probate or letters of administration may require re-sealing under the Probates (Re-sealing) Act 2022, with the application made through the Curator and supported by documents such as the death certificate, identification and foreign grant. Probate, succession-duty, court, Curator, notary and land-registration costs depend on the estate. Civil liability for a wrongful act is governed by Civil Code Articles 1370 to 1399. Article 1382 generally requires examination of a fault, damage and causal connection between the conduct and the loss. Minors can have civil liability, subject to special rules. A damages claim is brought by plaint, and prescription periods can prevent an otherwise valid claim from continuing. The general periods depend on the claim; real actions concerning land are generally subject to 20 years, while a paid acquisition in good faith with title can involve a 10-year period. The Judiciary includes the Court of Appeal, Supreme Court, Magistrates' Courts and the Family Tribunal. The Supreme Court Civil Division handles complex or high-value civil claims and appeals. A lawyer is required in the Supreme Court, while self-representation may be possible in the Magistrates' Court. Official civil jurisdiction limits for Magistrates' Courts are SCR 250,000 for a Junior Magistrate and SCR 350,000 for a Senior Magistrate. An appeal to the Supreme Court generally requires a notice within 14 days and a memorandum within a further 14 days. Serving documents outside Seychelles requires court permission under the Civil Procedure Code. Monthly sittings take place on Praslin and La Digue; the La Digue Court is currently temporarily closed during relocation. Legal aid is available through an application to the Registrar or Supreme Court under the Legal Aid Act. The official income guideline is below SCR 8,000 per month, together with information about a spouse's income, taxes, loans, insurance, maintenance obligations, assets and the dispute. If approved, the applicant receives a licensed legal practitioner. Legal practitioners generally have legal-aid duties. Judgments can be enforced through execution procedures under the Seychelles Code of Civil Procedure, including seizure, attachment, judgment-debtor procedures, interim injunctions and related restrictions. The Supreme Court Master handles matters such as provisional seizures, attachments, inhibitions, cautions, restrictions and review of judgment-debtor payments. Mortgage default can lead to foreclosure or compulsory sale. An appeal does not automatically suspend execution; a separate stay must be obtained from the court. Seychelles courts can also enforce foreign judgments where the applicable requirements are met. Case duration and complete court-fee totals vary, and no reliable nationwide average duration or complete current fee table has been established.