Civil law in Mauritania

Private-law capacity generally begins with live birth and ends at death. Full legal capacity begins at 18 for a person with mental capacity who is not under interdiction, a court-ordered restriction. Minors and adults under legal protection may be subject to tutelle, curatelle or legal representation. The état civil, meaning the civil-status registration system, records births and deaths or provides legally accepted proof of them. Contracts and obligations are mainly governed by the Code des Obligations et des Contrats under Ordonnance 89-126 of 14 September 1989. A contract usually forms when the parties agree on its essential terms. In a sale, ownership generally passes through that agreement. Non-performance or delay can lead to forced performance, judicial resolution of the contract or damages. Damages can cover direct loss and lost profit. The general limitation period for obligations can reach 15 years, and a lawsuit, formal demand or protective or enforcement act can interrupt the period. For cross-border matters, personal status and nationality, the parties' common residence or place of contracting, and the place of the harmful act can affect which law applies. Land ownership follows Ordonnance 83-127 of 5 June 1983. Private ownership is recognized, while state land normally requires a prior concession and development before final ownership can pass. Building or cultivating state land without a concession does not itself create ownership; the state may withdraw the occupation or regularize it. The formal land system includes a Permis d’Occuper, definitive cession, titre foncier, immatriculation, mutation, morcellement and mortgage registration. The Direction des Domaines, the Conservation Foncière and the finance administration handle different steps. A land challenge generally has a one-month period from formal notice, followed by a two-month period for evidence; the stated procedure provides no appeal, and cassation does not suspend enforcement. Expropriation for public benefit requires compensation. A mortgage procedure takes approximately 10 days and involves a 50 MRU stamp, 3.2% of the mortgage amount and a 16 MRU bordereau. A Permis d’Occuper also takes approximately 10 days and has a 50 MRU stamp; the time for definitive cession varies and its stamp is 20 MRU. Family matters are governed mainly by the Code du Statut Personnel under Loi 2001-052. Marriage is an official contract requiring two spouses, consent, a wali, meaning the legally recognized male Muslim guardian in the relevant order, two eligible witnesses and a SADAQ, the agreed marriage gift. Marriage capacity begins at 18. An adult woman's own consent remains required. The marriage act is made before an officier or agent d’état civil and should be registered within three months. A late or improperly registered marriage may require a judgment as proof. Marriage contracts can include conditions concerning another marriage, excessive absence or restrictions on study or work; breach can support judicial dissolution and mout3a compensation. Divorce is judicial. A husband may initiate unilateral repudiation before a judge or accredited Mouslih after summoning the wife and attempting reconciliation. A wife may seek divorce for harm, absence, failure to provide maintenance or other recognized grounds. Maintenance, the waiting period after divorce and child care are separate consequences. Adoption has no legal effect under this framework, while legally established filiation affects maintenance, inheritance and marriage impediments. Inheritance is governed by Book IV of the Code du Statut Personnel through wills and statutory succession. The principal succession methods are FARDH, fixed shares, TA3SIB, residual succession, or a combination of both. The shares depend on the legally defined family groups and the codified positions of female and male heirs. A missing person remains legally alive for property purposes until a court declares death. In an exceptional disappearance, a death declaration may follow one year after investigations end; other cases follow a judicial period. Succession remains under court supervision. The court can order seals or deposit of assets and appoint a liquidateur to prepare the inventory, verify claims and debts and manage authorized transactions. Heirs generally may not administer the estate, collect claims or pay debts before liquidation. Estate property may be sold by public auction or by agreement under the applicable authorization. Contractual liability can arise from non-performance or delay even without bad faith. Extra-contractual liability can apply when a person is responsible for a thing under supervision and that thing directly causes damage. A person may avoid liability in recognized cases such as an accident, force majeure, the victim's fault or proof of the required care. The owner or person responsible for maintenance can be liable for a building collapse. A claim is filed before the competent Tribunal, and proof of damage and a causal link between the conduct and the loss are central. Civil procedure is governed by the Code de procédure civile, commerciale et administrative, commonly called the CPCC. The court structure includes the Cour suprême, Cours d’appel, Tribunaux de Wilaya and Tribunaux de Moughataa. Civil cases generally begin at a Tribunal de Moughataa or at a civil chamber in a Wilaya capital, with special arrangements in Nouakchott. The Cour suprême mainly reviews legal issues through cassation. A case is filed at the greffe, the court registry, with an address for service in the court district, supporting documents and a list of evidence. The juge de la mise en état coordinates service, deadlines, preliminary issues, evidence and attempts at conciliation or mediation. An appeal from a first-instance judgment generally has to be filed within 15 days through the greffe. Ordinary civil proceedings can involve stamps, legal-service fees, other expenses and, where required, a deposit; the status-personal portal is generally free for the proceeding itself. Judicial and conventional mediation are available. The juge de la mise en état can encourage conciliation or mediation, and a Mouslih is an accredited local conciliator. The Direction des Affaires Civiles et du Sceau handles accreditation, which is free, with annual list updates and a review and approval period. A settlement reached outside court can be confirmed by a Tribunal. The state charges no fee for approval, registration or enforcement of a mediation settlement. Mediation before filing can reduce fees by 25%; a settlement can lead to a refund of 100% of first-instance fees, 75% of appeal fees or 50% of cassation fees. Assistance judiciaire is free for an applicant who lacks means and whose claim appears prima facie supported. The application goes to the regionally competent Bureau and normally includes identity, residence, proof of poverty or social-register status, a description of the dispute and supporting documents. Refugees and asylum seekers may need additional residence or protection documents. Processing takes about 15 days and no more than one month. The portal is limited to the applicant and does not cover the defendant. Under Loi 16/2020, a lawyer is required before the Cour d’appel, Cour suprême, commercial courts, administrative chambers and certain arbitration or mediation bodies. In other civil courts, self-representation is possible, and a spouse or child may represent the party with a power of attorney. Notaries are authorized through the Direction des Affaires Civiles et du Sceau; authorization is free and requires approval by its president, with no fixed processing period. Enforcement requires an enforceable title and a due, liquid and certain claim. A final judgment is enforced on application to the president of the court that decided the case, together with the grosse, the certified enforceable copy. A huissier acts within the relevant court district; if none is available, a greffier or administrative agent may be appointed ad hoc. Available measures include saisie conservatoire, a protective seizure, saisie-arrêt, attachment of a debt held by another person, and saisie-exécution against movable or immovable property. After a formal payment demand, the debtor generally receives eight days to pay before seizure. Necessary professional tools, a bed, clothing and kitchen utensils are among the protected items. State bodies are generally excluded from ordinary seizure, and financial judgments are directed to the Ministry of Finance. Contrainte par corps, imprisonment for debt under Articles 421–439, was abolished by Loi 2020-032. A foreign judgment requires exequatur, judicial recognition by the president of a Tribunal de Wilaya, before enforcement under Mauritanian law.