Civil law in Djibouti

The Code civil, established by Loi n°003/AN/18/8ème L and amended in 2019 by Lois n°47/AN/19 and n°54/AN/19, regulates legal personality, civil rights, nationality, civil status, domicile, contracts, property, inheritance and liability. The Code de la famille, Loi n°152/AN/02/4ème L, provides the ordinary family-law framework for marriage, divorce, filiation, succession and liberalities. The Code de Procédure Civile, Loi n°004/AN/18/8ème L, governs civil claims, hearings, appeals and enforcement-related procedure. Court organisation was also adjusted by legislation adopted in 2019 and 2020. A person acquires legal personality and civil rights under the civil framework. The rules cover privacy, bodily integrity, nationality, birth, marriage, death, correction of civil-status records, domicile and absence. Majority begins at 18 years. Minority may involve emancipation, tutelle, curatelle or habilitation familiale, depending on the person's situation and ability to manage personal or financial matters. Adoption is subject to specific conditions, including a minimum marriage period for spouses and an age requirement for an unmarried applicant. Family matters can follow different legal regimes. Marriage, divorce, filiation, custody, maintenance, guardianship, incapacity, missing persons, wakfs, gifts and wills generally fall before the Tribunal de Statut Personnel (TSP) under the Code de la famille. A couple may choose the civil-law family regime by declaring that choice before the civil-status officer at marriage; an unmarried person may also declare a choice where the law permits. The civil-law regime is handled by the civil chamber of the Tribunal de Première Instance (TPI). If parents disagree about the applicable regime, the Code de la famille applies. Civil obligations can arise from a legal act, a legally relevant event or the law. Contract formation may involve negotiations, an offer and acceptance, representation, a preference agreement or a unilateral promise. Validity depends on consent, legal capacity, the subject matter and the required legal basis. A defect can lead to nullity. The person asserting a right or performance generally proves it, while the person claiming discharge proves the event that ended the obligation. Unless a special rule applies, evidence may be given by any means. Common civil contracts include sales, leases, works contracts, loans, deposits, mandates, civil companies and fiducie arrangements. A future receivable may require registration in the register of security interests; a fiducie may also require registration there, with additional registration in the land book when immovable rights are involved. Property law distinguishes movable and immovable property, ownership, possession and holding. It also covers accession, co-ownership, condominium ownership, usufruct, use, habitation, emphyteusis, superficies and servitudes. Djibouti uses land titles and digitised land books. Transfers of immovable property generally require registration and publicity. The land-title system was revised to improve title security and simplify transfers under Loi n°006/AN/18. Mortgage enforcement may involve a notary, a formal payment order, review or publication by the land registrar and a public auction. Inheritance opens at death, normally at the deceased person's last domicile. The rules address heirs, a surviving spouse, the State's rights, acceptance or renunciation, inventories, vacant estates, amicable or judicial partition, reserved shares, gifts and wills. The TSP provides the common-law service for succession, liquidation of debts and distribution. A succession file may require a land title, a death certificate from Etat-Civil, a certificate of death and heirs or a certificate of ownership from the TSP, a signed petition in Arabic and bank confirmation when money is divided. Civil liability may arise from a contract or from conduct outside a contract. A claim can seek repair for bodily, material or environmental damage, including traffic injuries, defective products or disturbances caused to neighbours. The claimant needs to establish damage, a causal connection and the relevant responsibility; evidence may generally be supplied by any means. Contractual limits or exclusions may be possible, but they do not generally exclude liability for bodily damage. Consumer protection, labour law and criminal law remain separate areas when they are the primary subject. The civil court system includes the TPI and its civil chamber, the TSP, Courts of Appeal and the Cour Suprême. A civil claimant needs legal standing, legal capacity and a legitimate interest. A civil action before the TPI proceeds through the registry, called the greffe, and an adversarial hearing. A TSP matter may begin with a signed written application or a personal declaration recorded by the greffier. The filing identifies the parties, their identity and residence or domicile, and the claim. A court-recorded settlement can be enforced. The unsuccessful party may bear court costs, and a judgment may receive provisional enforcement where the applicable rules allow it. Opposition and appeal are available within the prescribed conditions. The court structure provides TPI and TSP seats at Ras-Dika, Balbala, Dikhil and Obock, with appellate coverage for Ras-Dika and Boulaos, Balbala and Arta, Dikhil and Ali Sabieh, and Obock and Tadjourah. Where no court is established locally, travelling hearings may take place. Existing courts may retain pending cases until a new court is effectively installed. The civil chamber of the TPI has a stated first- or last-instance limit of 500,000 FDJ in principal or 100,000 FDJ in monthly income or rent for the relevant category. Official TSP service information lists a limit of 5,000,000 FDJ for debts, rents and civil or commercial claims, although the exact allocation should be checked against the current procedural text. The TSP service information states that a judge summons the parties within three weeks of filing and that the hearing should take place no later than 15 days after receipt. Opposition generally runs for 10 days from notification, while an appeal generally runs for two months. No general duration for ordinary civil cases has been identified; the actual period depends on the court, evidence, service, hearings and any appeal. A huissier de justice has nationwide competence for service, notifications and execution of judgments or other executable titles. The huissier may pursue amicable or judicial debt recovery and may request public force when authorised. A notary prepares authentic acts and may handle parts of mortgage enforcement, including an auction where the legal conditions are met. Fees are regulated. Listed legal-aid information refers to the TPI and resources below 100,000 FDJ per month, with a threshold of 150,000 FDJ for a person supporting three dependent children. Listed State-paid amounts include 75,000 FDJ for a lawyer before the TPI, 50,000 FDJ on appeal, 15,000 FDJ for an application and 25,000 FDJ for urgent proceedings; listed huissier amounts include 4,000 FDJ for an act, 10,000 FDJ for a report and 20,000 FDJ for an eviction. Notary fees are set by regulation, and a current general amount is not identified. Court filing hours are listed as 8:00 to 17:00 from Sunday to Thursday. Foreign nationals' civil rights may be subject to treaty reciprocity. A foreign national may be sued in Djibouti for obligations contracted in Djibouti with a Djiboutian party. Civil-status applications commonly pass through Etat-Civil or the relevant registry, while land matters involve the conservation de la propriété foncière, notaries and the land books. Current court installation, fee schedules and later legal amendments should be checked with the responsible authority when a filing, transfer, inheritance distribution or enforcement action is imminent.