The legal system of Equatorial Guinea
Africa's only Spanish-speaking state and a genuine legal hybrid: Spanish-derived civil and penal codes operate underneath the French-language OHADA Uniform Acts, which govern commercial law as a CEMAC member. Customary law is recognised for personal status. Hydrocarbons dominate the economy and commercial practice.
Legal tradition
Equatorial Guinea belongs to the civil law (spanish tradition) tradition. Africa's only Spanish-speaking state and a genuine legal hybrid: Spanish-derived civil and penal codes operate underneath the French-language OHADA Uniform Acts, which govern commercial law as a CEMAC member. Customary law is recognised for personal status. Hydrocarbons dominate the economy and commercial practice.
How power is divided
Presidential system with a Vice-President and Prime Minister, a bicameral Parliament of Chamber of Deputies and Senate, and a judiciary headed by the Supreme Court of Justice.
Where law comes from
- Fundamental Law
- Supreme domestic norm.
- OHADA Uniform Acts
- Directly applicable commercial law, in French, over Spanish-tradition codes.
- CEMAC community law
- Regional economic and monetary rules.
- Spanish-derived codes
- Civil and penal codes on the Spanish model.
- Customary law
- Recognised in personal status and land matters.
The legal profession
Abogados admitted through the Ilustre Colegio de Abogados; practice requires competence in both Spanish codes and French-language OHADA texts.
Law by topic in Equatorial Guinea
- 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 — not the national supreme court — is the final instance on their interpretation. Equatorial Guinea applies the Uniform Acts in Spanish translation over a legal culture derived from the Spanish Código de Comercio, and hydrocarbons are governed by the 2006 Hydrocarbons Law with mandatory national participation.
- Tax LawA tax code inside CEMAC VAT rules, dominated by petroleum termsCorporate income tax is 35% and VAT is 15% under the CEMAC framework. Hydrocarbon taxation operates through production-sharing contracts under the 2006 law and supplies the great majority of revenue.
- Civil ProcedureSpanish-derived procedure with OHADA enforcementCivil procedure derives from Spanish law as received, with OHADA's recovery and enforcement Act applying to execution since accession. The Tribunal Supremo is the final national instance and the CCJA takes Uniform Act questions.
- Family LawThe received Spanish Civil Code, with customary marriage recognisedFamily law rests on the Spanish Civil Code as received, supplemented by recognition of customary marriage. Customary practice, including bride price and polygamy, operates alongside the civil regime.
- Property & LandState ownership of untitled land with a registration systemLand legislation vests untitled land in the state and provides for registration of private title. Urban development in Malabo and Bata has driven expropriation and resettlement, and surface rights for hydrocarbon operations are separately regulated.
- Immigration & NationalityTight entry control despite CEMAC free-movement obligationsEntry and residence are controlled by national legislation administered by the immigration authorities, with work permits tied to authorised employment. Equatorial Guinea implemented CEMAC free movement later and more restrictively than its neighbours.
- Constitutional LawThe 1991 constitution as revised in 2011, in a hispanophone civil-law stateThe 1991 constitution, revised by referendum in 2011, created a bicameral parliament, a Constitutional Court and the office of vice-president. Executive power is heavily concentrated and the 2011 revision introduced a nominal two-term limit.
- Employment & LabourThe 1990 Labour Ordinance with national-content requirementsLabour relations are governed by the 1990 General Labour Ordinance and subsequent decrees. Hydrocarbon-sector localisation rules require operators to prioritise Equatoguinean nationals, which is the most actively enforced employment obligation.
- Criminal LawThe Spanish Código Penal of 1963 as received, with modern additionsCriminal law derives from the Spanish Penal Code applicable at independence, amended by national statutes on torture, trafficking and money laundering. Military courts have historically tried offences against the state.
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