NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES

The document is the Code des Obligations Civiles et Commerciales (COCC) of Senegal, a comprehensive legal framework governing civil and commercial obligations. It establishes the general rules for the formation, effects, and extinction of contracts, as well as regimes for tort liability (delict), specific types of contracts (such as sales, leases, and mandates), and the legal status of professional civil societies and associations. The Code has been updated to align with the supranational laws of the Organisation pour l'Harmonisation du Droit des Affaires en Afrique (OHADA), particularly regarding commercial sales, commercial leases, and commercial intermediaries.

• The COCC is structured into several parts to replace former French colonial legislation. The first part, adopted by Law No. 63-62 of July 10, 1963, covers general rules of obligations and entered into force on January 15, 1967.
• An obligation is defined as a legal tie between a debtor and a creditor, granting the latter the right to demand a prestation or an abstention. Obligations are classified by their object as being to give, to do, or not to do something.
• The law recognizes five specific means of proof: written documents, testimony, presumptions of fact by man, judicial confession, and oaths.
• For contracts where the object exceeds 20,000 francs, a written act before a notary or under private signatures is required.
• Consent is considered invalid if it is given by error, obtained through fraud (dol), or extorted by violence.
• General liability is based on the principle that anyone who causes damage to another through their fault is responsible.
• The Code establishes specific liability regimes for animals and things, where the person who has mastery over the animal or thing is responsible for the damage caused.
• The Code incorporates OHADA Uniform Acts to harmonize business law. This includes the Uniform Act on General Commercial Law, which governs commercial sales, commercial leases, and commercial intermediaries.
• In commercial sales under OHADA rules, the limitation period for actions resulting from a breach of contract is two years.
• Commercial leases in cities with more than 5,000 inhabitants are subject to specific rules, including a right to renewal for tenants who have operated their activity for at least two years.
• Professional civil societies (Sociétés Civiles Professionnelles) can be formed by individuals exercising the same liberal profession to practice together, and they possess legal personality.
• Associations are formed freely through a prior declaration and registration. They are prohibited from having a political object unless they are legally constituted political parties.
• Arbitration is permitted for rights that can be freely disposed of, and while the 'clause compromissoire' is generally null, it is valid for merchants or in contracts involving commercial operations.

APA

Natural Justice (n.d.). NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES. https://naturaljustice.org/wp-content/uploads/2022/04/Loi-n%C2%B0-63-62-du-10-juillet-1963-portant-Code-des-Obligations-Civiles-et-Commerciales-1.pdf

Chicago

Natural Justice. NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES. n.d. https://naturaljustice.org/wp-content/uploads/2022/04/Loi-n%C2%B0-63-62-du-10-juillet-1963-portant-Code-des-Obligations-Civiles-et-Commerciales-1.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES |url=https://naturaljustice.org/wp-content/uploads/2022/04/Loi-n%C2%B0-63-62-du-10-juillet-1963-portant-Code-des-Obligations-Civiles-et-Commerciales-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendnouveau, author = {{Natural Justice}}, title = {{NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2022/04/Loi-n%C2%B0-63-62-du-10-juillet-1963-portant-Code-des-Obligations-Civiles-et-Commerciales-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }