Benin · Overview
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 Bénin; notaires and huissiers are separate ministerial officers.
Found something out of date on Benin · Overview?
Corrections are reviewed against the primary source before anything changes.