Civil law in Togo

Civil law in Togo applies to matters such as names, domicile, civil-status records, nationality, minority, guardianship, marriage, divorce, parentage, adoption and matrimonial property. The officier de l'état civil at a mairie records births, marriages and deaths and issues copies or extracts. A court, usually the Tribunal de grande instance, handles judicial corrections to names or civil-status records when the applicable procedure requires one. Contracts generally require legal capacity, consent, a lawful object and a lawful cause. The parties are expected to perform their obligations in good faith, and proof may be required when a dispute arises. The Code civil covers transactions such as sales, leases, mandates, loans, transport agreements and mortgages. Personal and property claims generally have a 30-year limitation period unless a special rule provides another period. Land and other property rights are governed by the Code civil and the Code foncier et domanial. Registration of urban, peri-urban and rural land uses the land-registration system and publication in the livres fonciers. Customary rights recognised by the State can be secured through the relevant land procedures. A notaire prepares or authenticates many real-estate instruments, while the conservateur foncier handles registration. A notarial deed and publication are generally needed for an immovable-property transfer to take effect against third parties. Public-domain property cannot be sold, acquired by limitation or seized. Family disputes may concern marriage, separation, divorce, parentage, adoption, parental authority, guardianship or matrimonial property. A civil marriage is a public legal act before an officier de l'état civil; the applicable rules allow a choice between monogamy and polygamy. The 2022 amendments provide for shared spousal responsibility, contributions to household expenses in proportion to the spouses' means and separate domiciles when a legitimate reason or danger exists. A séparation de corps results in separation of property. The juge des affaires matrimoniales and the Tribunal de grande instance handle court-based family disputes. An inheritance opens at death and is generally connected to the deceased person's last domicile. Children and other descendants, the surviving spouse or spouses, ascendants and collateral relatives may inherit according to the applicable order. The rules do not distinguish heirs by sex or property by natural or acquired origin, while reserved-share and reduction rules can limit some dispositions. An heir may accept the succession, request an inventory or renounce it through the greffe. The inventory period is three months. A notaire can prepare an acte de notoriété, identify heirs, prepare an inventory and assist with settlement or partition. Civil liability can arise from fault, negligence or imprudence that causes damage and has a causal connection to the loss. The Code civil also addresses responsibility for persons under another person's care, animals and the collapse of buildings. The usual civil remedy is damages-intérêts. This compensation claim is separate from any criminal sanction, and the applicable legal basis may be contractual or delictual. A civil claim requires a legitimate interest and is filed before the court with jurisdiction. The Tribunal de grande instance is generally the court of first instance for matters within ordinary civil jurisdiction, while a Tribunal d'instance may also have civil jurisdiction. The Cour d'appel hears appeals and the Cour suprême is the highest court. Filing normally involves dépôt or enrôlement at the appropriate tribunal, often with service by an huissier de justice. Court fees, service costs and deadlines vary with the case and the measure requested. Civil procedure protects adversarial discussion, evidence, procedural acts and time limits; référé and requête procedures provide specific routes for urgent or non-contentious applications. Maisons de Justice offer proximity mediation or conciliation through appointed médiateurs-conciliateurs. These processes do not have the same effect as a court judgment. For private civil or commercial disputes, OHADA mediation and arbitration may provide additional routes. A mediated agreement can be enforced under the applicable OHADA rules when the required conditions are met. Enforcement may use an injonction de payer, an order to deliver or return property, conservatory measures or measures such as saisie-vente, saisie-attribution, seizure of remuneration or seizure of immovable property. An huissier de justice serves documents and carries out many enforcement measures, while the Tribunal de grande instance or its judge handles enforcement disputes. A notarial deed can have enforceable force in the circumstances provided by law. OHADA rules also govern securities such as mortgages, pledges and guarantees. Practical access, timing and costs vary by court, location, document and enforcement measure.