Civil law in Comoros

Legal capacity generally allows a person to hold rights and enter obligations. The main restrictions concern non-emancipated minors and adults declared legally incapable. Civil-status documents provide central proof of identity and family relationships. A birth should be declared within 15 days. A late declaration can require a jugement supplétif from the Tribunal de Première Instance (TPI) or Tribunal cadial, while correction of an existing record belongs to the TPI. A foreign national's civil status is assessed under the person's national law. A contract requires capable parties and an object consisting of giving, doing or not doing something. Once legally formed, it binds the parties as their law and should be performed in good faith. An illegal object or cause can lead to nullity. A sale normally exchanges delivery of the thing for payment of the price. Civil-law obligations also include quasi-contracts such as gestion d'affaires, where someone manages another person's affairs, and répétition de l'indu, which concerns recovery of an undue payment. Property includes movable and immovable goods. Rights can arise through succession, donation, testament, obligations, accession or prescription. Land rights should be registered with the Conservation de la propriété foncière. A continuous chain of prior transfers supports registration, and an entry in the land register provides proof against third parties. Mortgages may be legal, judicial or conventional and concern immovables or usufruct rights. A conventional mortgage requires an authentic act before two notaries or one notary and two witnesses. Customary or informal possession of land does not replace evidence needed for a formal title, which makes documentation especially significant in land and inheritance disputes. Family matters are governed by the Code de la famille for Comorians. Marriage is Muslim under that Code. It requires the wali, the consent of both spouses and two adult Muslim male witnesses, together with a prenatal medical certificate and celebration before the competent judge. The marriage act should be transcribed in the civil-status register within 15 days; transcription is free. Marriage effects do not arise without a registered marriage act. Spouses owe cohabitation, assistance, fidelity and maintenance. A wife retains full civil capacity and personal property. The default matrimonial property regime is separation of property unless the marriage clause provides otherwise, while immovables acquired during marriage are presumed common unless a personal or inherited origin is proved. Parents exercise authority over children and owe maintenance. They can also bear civil liability for acts of minor children. Kafala or delegation of parental authority can be established by authentic act or judgment. Divorce may proceed through twalaka, faskh or khol. The judge can regulate housing, movable property, custody, maintenance, visitation and liquidation. A family judgment can generally be appealed within 15 days, with the Cour d'Appel handling the appeal. Inheritance follows a fragmented system. The Code civil continues to apply where Islamic law does not exclude it, while Islamic law governs designated areas. For a succession governed by Islamic law, a certificate recorded by a Cadi can be accepted as proof of heirs. Registration of inherited land generally requires the death certificate and an heir certificate issued by a notary, court or Cadi. An adopted child under adoption simple keeps the origin-family name and inheritance rights. If no heirs exist, the State can claim the estate. For vacant estates, the Domaine seeks possession before the TPI after publication and display, followed by a decision after three months and 40 days; unclaimed administration can pass provisionally after five years. Shares and procedure depend on the applicable legal regime, family status and the Islamic-law qualification, so a Cadi or TPI should verify the position. Civil liability can arise from fault under Article 1382, including negligence or imprudence. Liability can also attach to a person responsible for another person or for an object in their custody, to parents for minor co-resident children, to employers for domestic workers or other preposés, and to keepers of animals or buildings whose ruin causes harm. The usual remedy is repair or damages assessed according to the proven loss. The TPI is the ordinary court of first instance and generally covers the island where it is located. The Cour d'Appel has civil, commercial, social and Muslim-law chambers. The Cour Suprême is the highest judicial level and hears cassation matters. Hearings are generally public and judgments give reasons. Parties may defend themselves and choose an avocat. Family appeals use Muslim-law assessors, and urgent matters such as divorce, maintenance and référé can receive priority. The correct procedural contact can differ between the TPI and Cadi system. No consolidated current schedule of civil court fees or standard duration has been identified, so local confirmation is needed before filing. A civil judgment is immediately enforceable when it includes provisional execution. Otherwise, enforcement generally begins after the appeal period or once the judgment has force de chose jugée. Official notification or signification is required before forced execution. The creditor may seek an amicable settlement or use a huissier or commissaire de justice for enforcement; private self-help is not a lawful substitute. A civil judgment can generally be enforced for 10 years, and each enforcement act interrupts and restarts that period. The Juge de l'Exécution at the TPI or Tribunal de Commerce handles enforcement disputes. A creditor, debtor, affected good-faith third party or huissier may apply by assignation, requête or written declaration with evidence. A ruling on the application is targeted within 15 days, while a venue dispute concerning saisie-vente is targeted within five days. The greffe can issue a free enforceable copy, and legal aid may be available to people with modest resources, including assistance with avocat or huissier costs. OHADA's Uniform Act applies to simplified recovery and enforcement measures for commercial claims, not to civil law generally.