Civil law in Madagascar

Madagascar has an established but fragmented civil-law system. Civil matters are handled through the Code civil malgache, sector-specific legislation and the Code de procédure civile. The Tribunal de première instance generally hears civil cases at first instance, while the Cour d'appel and Cour de Cassation review cases at higher levels. The greffe manages court records, and a notaire or another authorised public officer may prepare or authenticate documents where the law requires a formal act. Civil status matters include birth, death, marriage, divorce, adoption, filiation and recognition of a child. The Commune and its civil-status centre keep the relevant records, while a Fokontany may collect birth or death reports in remote areas. Every person has a right to legal identity. First copies are generally free, and birth or death declarations are normally made within 30 days; other fees and deadlines depend on the procedure. Corrections, reconstruction of records and a supplementary judgment are exceptional procedures when the ordinary register cannot establish the status. Contracts create duties to perform, provide evidence and compensate legally relevant damage when an obligation is breached. A contract, authenticated document, witness statement or expert report can help prove a claim. Certain claims may use special access based on an authenticated debt, bill of exchange, warrant, promissory note or cheque. Civil liability may arise from a contract or from negligent or wrongful conduct, but a claimant still needs to show damage and a legal and causal basis. Property law distinguishes titled private property, non-titled private property and public or private domain. Titled land follows registration and cadastral procedures. Non-titled land may be certified through the Commune or Guichet Foncier after local and contradictory recognition, with the PLOF and the relevant Service Foncier involved. Certification is available to a natural person with legal capacity and Malagasy nationality who has peacefully used and developed the land for at least 15 years, within the applicable maximum of 10 hectares; foreign nationals and legal entities are excluded from this certification method. Public notice normally lasts at least 15 days, opposition may be filed until 30 days after recognition and may receive a further 15-day extension, and a challenge may generally be brought within 20 days. Oppositions are free, but local charges and other expenses vary. Marriage may take place before a civil-status officer or through a traditional ceremony followed by registration. The normal marriage age is 18. A Tribunal de première instance may authorise a marriage below that age only for a serious reason and with the required consents. A recent birth certificate, a certificate of celibacy and at least two witnesses aged 21 or older are among the documented requirements. Bigamy is prohibited. Spouses owe mutual support, and parents contribute to child support in proportion to their income. The default matrimonial regime is Zara-mira when no contract selects séparation des biens. Divorce is judicial, and the decision must be transcribed within one month; an opposition, appeal or transfer of records can involve specific short deadlines. Inheritance follows Law 68-012. The statutory order gives priority to children, then grandchildren, parents, siblings, their children, uncles and aunts, cousins, the surviving spouse and finally the State, with statutory representation where applicable. Adopted children have the same inheritance rights as biological children after full adoption, while simple adoption has reduced effects. A co-heir may generally request partition at any time. An amicable partition requires all adult heirs with legal capacity to be present or represented; the court becomes relevant where a minor, absent heir or dispute prevents that arrangement. An agricultural or industrial unit may in some cases remain undivided for up to six years. A civil claim normally proceeds through a request or summons identifying the parties, the claim and the supporting evidence. The procedure must respect the contradictory principle, so the opposing party can respond. A référé procedure may provide urgent interim relief. Small-claim procedures for certain contractual or negotiable-instrument debts can provide a decision within 15 days, service within two months and a 15-day contredit period; the procedure may last up to six months, with a possible one-month extension except during a stay. General court fees, professional fees, legal-aid access and ordinary time limits are not uniform across all civil matters. Enforcement generally requires an enforceable title, such as a final judgment or enforceable order. After service by a huissier, enforcement can involve a conservatory seizure, an execution seizure, payment or a public sale. A debtor or affected third party may seek opposition, mainlevée or another available challenge. Small-claim measures can include provisional seizure, and the related certificates and huissier service may be exempt from stamp or registration charges in the specified procedure. General enforcement costs vary. Madagascar should not be treated as having a current direct enforcement pathway through OHADA Uniform Acts on the basis of the available research. Customary practices can matter only where they remain compatible with positive law.