Civil law in Burkina Faso

The main national sources include the Code civil, the Code des personnes et de la famille (CPF) and the rules governing the national land domain. The CPF was replaced by CPF 012-2025/ALT, promulgated by Décret 2025-1232/PF, and regulates legal identity, names, domicile, legal capacity, marriage, divorce, parentage, parental authority, protection of persons lacking capacity, inheritance, donations and wills. Civil majority is generally reached at 18 years. Missing or incorrect birth and death records can require a judicial declaration or correction through the Tribunal de grande instance. Contract law covers capacity, consent, a defined subject and a lawful purpose. Written agreements that identify the parties, date, price, signatures and witnesses or authentication can make rights easier to prove, although required form depends on the transaction. Business contracts can also fall under OHADA uniform acts, including rules on merchants, entrepreneurs, the RCCM, commercial sales, commercial leases and commercial intermediaries. The competent court registry handles RCCM matters. Land law is governed by the national land domain framework, including Loi 015-2025/ALT of 21 October 2025, promulgated by Décret 2025-1352/PF. The State owns the national land domain, while the State and territorial authorities administer it. Depending on the situation, access may involve allocation, concession, transfer, occupation or use rights, including rural land possession, usufruct, superficies, easements, mortgages and long-term leases. Registration and land publicity strengthen enforceability against third parties. Customary or local possession rights require legal formalisation to receive stronger protection. Expropriation for public utility involves declaration, investigation, a determination of land subject to expropriation, negotiation and compensation through the national compensation fund. Civil liability can arise from a contract or from an unlawful act causing damage. The usual assessment concerns the damage, the fault or other generating event and the causal link; the Civil Code also addresses damage caused by people, representatives or employees, things, animals and buildings. The usual remedy is repair or damages, subject to any applicable special law or insurance rules. Civil, commercial and social disputes generally move through the Tribunal de grande instance, the Cour d'appel and the Cour de cassation, with procedures such as interim relief, evidence, expert assessment, opposition and appeal. Under the 2025 judicial-organisation rules, the Tribunal de grande instance assumes commercial and labour jurisdiction until the relevant specialised courts effectively operate. Hearings may use national languages. Faso Bu-Kaooré can provide an optional village- or sector-level forum involving customary authorities and justice-of-the-peace judges, depending on the location; it applies equity, local usages and customs and cannot impose imprisonment or fines. OHADA arbitration and mediation apply in business contexts. Debt recovery may use the OHADA 2023 Uniform Act on simplified recovery and enforcement procedures, including payment orders, orders to deliver or return property, conservatory seizures, sales seizures, attachment of debts or wages, seizure of shares or securities, real-estate seizure and distribution of sale proceeds. A bailiff or other ministerial officer and the competent court normally have defined roles, while public claims and special conventions can follow different rules. FASSN, including its Seenimin service, supports vulnerable people with access to justice. Fees, processing times and detailed enforcement requirements vary with the court, procedure, claim value, service of documents and involvement of a lawyer, notary or bailiff, so the local authority or professional should confirm them before filing.