Mauritius

Legal tradition

Mauritius belongs to the mixed french civil law and english common law tradition. Mauritius was French then British and kept both legacies, split by subject: the Code Civil Mauricien and Code de Commerce remain the substantive law of obligations, property and commerce, while procedure, evidence, criminal law and the court structure are English. Getting the split wrong is the classic error — a contract or property question is decided from the French code and French doctrine, while how it is pleaded and proved is English. Codes and judgments appear in both English and French.

How power is divided

Unitary, with Rodrigues holding a statutory autonomous status and its own Regional Assembly, and Agalega and St Brandon administered as outer islands.

Where law comes from

Constitution

Supreme law; inconsistent legislation is void.

Code Civil Mauricien and Code de Commerce

Substantive law of obligations, property and commerce.

Acts of the National Assembly

Primary legislation, largely in English.

English procedure and evidence

Court practice, criminal law and evidence follow English models.

Privy Council and Supreme Court precedent

Binding; Privy Council decisions are the highest authority.

The legal profession

A three-branch profession unusual in the region: barristers hold rights of audience, attorneys handle procedure and instruct barristers, and notaries deal with conveyancing and authenticated instruments under the civil-law tradition.