The legal system of Madagascar
A French-model civil-law system with codes on obligations, commerce and criminal law, and a hierarchy running to the Cour de cassation alongside a Conseil d'État for administrative matters. Madagascar is NOT an OHADA member, which is easy to get wrong given the francophone codes: commercial law is domestic, so the Uniform Acts and the CCJA have no application here. Land title is complicated by overlapping colonial registration, post-independence statute and untitled customary occupation.
Legal tradition
Madagascar belongs to the french civil law with customary law tradition. A French-model civil-law system with codes on obligations, commerce and criminal law, and a hierarchy running to the Cour de cassation alongside a Conseil d'État for administrative matters. Madagascar is NOT an OHADA member, which is easy to get wrong given the francophone codes: commercial law is domestic, so the Uniform Acts and the CCJA have no application here. Land title is complicated by overlapping colonial registration, post-independence statute and untitled customary occupation.
How power is divided
Unitary with a decentralised structure of 23 regions and communes. Successive constitutions have promised fuller decentralisation, including provincial autonomy, which has not been implemented.
Where law comes from
- Constitution
- Supreme law; reviewed by the Haute Cour Constitutionnelle.
- Codes and statutes
- French-model civil, commercial, criminal and procedural codes.
- Regulations
- Decrees and orders issued under statutory authority.
- Customary practice
- Socially dominant in land and family matters and partially recognised.
- International treaties
- Ratified treaties rank above ordinary statute.
The legal profession
Avocats admitted to the Ordre des avocats de Madagascar after a law degree and professional training, alongside notaires for authenticated instruments and huissiers for service and enforcement — the standard French division of functions.
Law by topic in Madagascar
- Criminal LawCode pénal with the death penalty abolished in 2015The Code pénal, French in origin and amended nationally, contains the principal offences. Madagascar abolished the death penalty by Loi 2014-035, promulgated in early 2015, having not carried out an execution since 1958. Anti-trafficking and cattle-rustling (dahalo) offences carry heavy penalties.
- Employment & LabourCode du travail 2003 with works councils and free-zone labour rulesThe Code du travail (Loi 2003-044) governs contracts, working time and dismissal, requiring authorisation from the labour inspectorate for economic dismissals. Export-processing zone employers are subject to the same code, with specific provisions on shift work that were controversial in the textile sector.
- Constitutional Law2010 Constitution of the Fourth Republic with a Haute Cour ConstitutionnelleThe 2010 Constitution established the Fourth Republic after the 2009 political crisis, creating a semi-presidential system. The Haute Cour Constitutionnelle reviews constitutionality, validates elections and has repeatedly arbitrated political transitions, including confirming the 2023 result and the 2025 change of government.
- Immigration & NationalityVisa on arrival for tourism with work and long-stay visas requiring approvalMadagascar grants visa on arrival for short tourist stays for most nationalities. Employment requires a long-stay visa and a work authorisation, with the employer demonstrating the need for foreign skills. Land ownership by foreign nationals is separately restricted.
- Tax LawImpôt sur les revenus at 20 per cent with 20 per cent VAT and free-zone incentivesThe Code général des impôts charges the impôt sur les revenus at 20 per cent for companies, with a minimum levy based on turnover. TVA is 20 per cent. Free-zone enterprises benefit from reduced rates and exemptions, and mining is subject to a dedicated regime under the Code minier.
- Family LawLoi 2007-022 on marriage with 18 as the minimum age and recognised customary unionsLoi 2007-022 governs marriage and matrimonial regimes, setting 18 as the minimum age for both sexes and providing for the recognition of traditional marriage (fanambadiana) on registration. The default matrimonial regime is the zara-mira community of property unless the parties choose otherwise.
- Civil ProcedureFrench-derived procedure with a Cour de cassation and 30-year ordinary prescriptionCivil procedure follows the French model with written submissions and judge-led instruction. The Cour de cassation reviews on points of law only. Ordinary prescription under the Malagasy civil law tradition is long — thirty years for real actions — with shorter commercial periods.
- Business & CorporateLoi sur les sociétés commerciales outside OHADA, with EDBM one-stop registrationCompany law rests on Loi 2003-036 sur les sociétés commerciales, French in structure but national rather than OHADA — Madagascar has never acceded to the Treaty. The Economic Development Board of Madagascar operates as a one-stop shop, and the Loi sur les Investissements provides guarantees and free-zone regimes.
- Property & Land2005-2006 land reform recognising local certificates alongside titled landThe 2005 land policy and Loi 2006-031 broke with the French presumption of state ownership of untitled land, recognising private untitled occupation and creating communal guichets fonciers that issue certificats foncierscheaper and faster than a full title. Foreign nationals cannot own land outright and use long leases instead.
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