The legal system of Benin
A French-tradition civil-law system whose Constitutional Court has been among the most active in francophone Africa, notably in accepting direct individual petitions. The 2004 Code des personnes et de la famille abolished polygamy prospectively, and OHADA governs commercial law.
Legal tradition
Benin belongs to the civil law (french tradition) tradition. A French-tradition civil-law system whose Constitutional Court has been among the most active in francophone Africa, notably in accepting direct individual petitions. The 2004 Code des personnes et de la famille abolished polygamy prospectively, and OHADA governs commercial law.
How power is divided
Presidential system without a Prime Minister for most of its history, a unicameral National Assembly, and a Constitutional Court with broad access rules.
Where law comes from
- Constitution
- Includes the African Charter by direct incorporation.
- OHADA Uniform Acts
- Directly applicable commercial law.
- Treaties
- Superior to statutes once ratified and published.
- Laws and decrees
- National Assembly statutes and presidential decrees.
- Codes
- Civil, penal, family (2004), labour and land codes.
The legal profession
Avocats admitted through the Barreau du BĂ©nin; notaires and huissiers are separate ministerial officers.
Law by topic in Benin
- Immigration & NationalityECOWAS free movement with a residence permit regime for othersECOWAS nationals enter without a visa and may stay 90 days under the 1979 Protocol. Others need a visa, obtainable as an e-visa, and a carte de séjour for stays beyond three months. Benin abolished visas for all African nationals in 2020.
- Family LawCode des personnes et de la famille 2004, which abolished polygamy prospectivelyLoi n° 2002-07, in force 2004, replaced customary family law with a single code. It abolished polygamy for marriages contracted after entry into force, set the marriage age at 18 for both sexes, and equalised inheritance between sons and daughters â reversing customary rules that excluded women.
- Criminal LawCode pénal 2018 and a Cour de répression des infractions économiquesLoi n° 2018-16 replaced the colonial-era penal code. Benin abolished the death penalty in 2012 by acceding to the Second Optional Protocol to the ICCPR. A specialised court, CRIET, handles economic crime and terrorism and has been criticised for its use against political figures.
- Civil ProcedureCode de procĂ©dure civile 2008 with a commercial chamber and CCJA appealLoi n° 2008-07 governs civil procedure, largely on the French model: written pleadings, an instruction phase, and appeal to the Cour d'appel. On OHADA questions the final appeal lies to the CCJA in Abidjan rather than the Cour suprĂȘme.
- Constitutional Law1990 Constitution with a Cour constitutionnelle that individuals may petition directlyThe Constitution of 11 December 1990 emerged from the 1990 Conférence nationale, the model later copied across francophone Africa. Its Cour constitutionnelle is unusually accessible: any citizen may petition it directly over a rights violation, and it has struck down presidential acts. A 2019 revision extended terms and altered eligibility.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan â not the national supreme court â is the final instance on their interpretation. Benin channels formalities through the Agence de Promotion des Investissements et des Exportations (APIEx), which operates a single-window company formation service.
- Property & LandCode foncier et domanial 2013 replacing the permis d'habiter with titled ownershipLoi n° 2013-01 created a unified land code and the Agence Nationale du Domaine et du Foncier. It aims to convert customary holdings and the colonial permis d'habiter into registered title, but conversion is incomplete, so unregistered customary tenure remains widespread in practice.
- Tax LawCode général des impÎts with 18% VAT and a 30% corporate rateVAT is 18%, the standard WAEMU rate. Corporate income tax is 30%, reduced to 25% for industrial companies. Benin taxes residents on worldwide income and applies the WAEMU common external tariff on imports.
- Employment & LabourCode du travail 1998 with a 40-hour week and CDD renewal limitsLoi n° 98-004 sets a 40-hour standard week, requires written fixed-term contracts, and caps CDD renewals â a CDD may be renewed only once, beyond which it converts to a CDI. Dismissal for economic reasons requires notification to the labour inspectorate.
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