Civil law in Gabon

French is the official language of Gabon's civil-law system. The Code civil consists of a first part based on Loi 15/72, amended by 009/2010 and 003/2017, and a second part based on Loi 19/89, amended by 002/2015. Gabon's private international law rules, public policy and locally mandatory provisions can affect contracts, family matters, property and disputes involving foreign parties. Civil-law rules cover état civil, legal personality, legal capacity, tutelle, adoption and protection of minors and majeurs protégés. Civil-status records and official certificates are handled through the état civil system. Contractual obligations generally follow the parties' choice when that choice has a legitimate connection; otherwise, the law of the place where the contract was concluded may apply. Rights in movable and immovable property generally follow the law of the place where the property is located. Local formalities, registration, notarisation and the possible application of OHADA rules should be checked before signing or relying on a contract. Land ownership is primarily established through immatriculation, the livre foncier and a titre foncier. The Conservation de la Propriété Foncière et des Hypothèques records rights and encumbrances. The current reform framework includes Ordonnance 0006/PR/2026, and the Guichet Unique de la Propriété Foncière has operated as a user-facing service since Décret 00114/PR/2026. A land transaction can involve surveying, immatriculation, publicité foncière, registration and taxes. Processing time depends on the file and authority. The transition from earlier 1963 and 2012 arrangements to the 2026 framework requires case-specific verification. Family matters include civil marriage, filiation, tutelle, adoption, maintenance and divorce. At marriage, the couple chooses monogamy or polygamy and a matrimonial regime under the applicable rules. Divorce is handled by a court, with conciliation preceding the proceedings; the citation period is at least eight days. A judgment or decision generally becomes effective against third parties after transcription in the relevant civil-status records. Traditional or family arrangements may exist alongside formal law, but their legal effect depends on the facts and the document or authority involved. An inheritance opens at death or after retranscription of the death declaration. The competent court can order protective measures such as prohibiting eviction or dispossession, seals or sequestration. A succession file may require civil-status records, an acte de notoriété and, depending on the case, a notary or mandataire. Jurisdiction generally follows the deceased's last residence or the main part of the estate. Statutory heirs include descendants, the surviving spouse or spouses and parents. The surviving spouse has usufruct over one quarter of the estate, subject to the applicable rules. Community property may need liquidation before the estate is divided. The legal and family devolution rules, including the conseil de famille, affect the process; a mandataire may need to be appointed within one month if a conseil de famille is not established. Heirs generally bear responsibility for estate debts, and descendants have a reserved share of at least one half. The relevant court deadlines and their application should be checked in the specific succession. Civil liability can arise from a contract or from a harmful act. Relevant claims can also include unjust enrichment, payment of an undue amount and gestion d'affaires, while abuse of a right can create liability. A claimant generally needs to establish damage, causation and supporting evidence. The applicable law may follow the place where the harmful event occurred, and limitation depends on the claim and circumstances. Criminal offences are outside this topic, although a civil claim for compensation may follow conduct that also has criminal consequences. The judicial order includes the Cour de Cassation, five Cours d'Appel judiciaires in Libreville, Port-Gentil, Franceville, Mouila and Oyem, and the Tribunaux judiciaires. The Tribunal de Première Instance in the relevant province generally hears civil claims at first instance. The Cour d'Appel hears appeals, and the Cour de Cassation is the highest civil court. The existing Code de procédure civile is based on Ordonnance 1/77. A new approximately 800-page draft was submitted on 11 August 2026 but is not yet a law. Access to proceedings can involve the Greffe, an avocat registered with the Barreau National and a Huissier. Assistance judiciaire may cover all or part of court, lawyer and Huissier costs for people with insufficient means. Court fees, deadlines and total duration are not uniform nationwide and depend on the case, court and appeals. Alternative and traditional dispute resolution are recognized within the constitutional framework of 19 December 2024. The OHADA Acte uniforme relatif à la médiation has applied since 15 March 2018. Mediation is voluntary, confidential and impartial, and an agreement can become enforceable through the applicable procedure. OHADA mediation is primarily relevant to commercial and business disputes; a traditional settlement may have different enforceability depending on its documentation and court treatment. Debt enforcement and security interests can involve OHADA rules and local courts, Greffes and Huissiers. The OHADA AUVE of 17 October 2023 has applied since 16 February 2024 and provides procedures such as injonction de payer, injonction de délivrer or restituer, saisie-attribution, saisie-vente and saisie immobilière. The OHADA AUDS covers security arrangements including cautionnement, garanties autonomes, retention, gage, nantissement and hypothèque. Enforcement can generate court, service, enforcement and legal fees, while duration depends strongly on the file and available assets.