NOUVEAU CODE DES OBLIGATIONS CIVILES ET COMMERCIALES

The document is a comprehensive legal code detailing the rules for obligations in Senegal. It covers the general theory of contracts, tort law (delicts), the extinction of obligations, and specific contracts such as sales, leases, and insurance. It specifically incorporates the OHADA Uniform Acts for commercial sales, commercial intermediaries, and the sale of business assets to ensure regional harmonization of business law.

• The Code defines an obligation as a legal bond between a debtor and a creditor that gives the creditor the right to demand a specific performance or abstention.
• For contracts exceeding 20,000 francs, proof must be established via a notarized act or private signatures, unless the creditor was unable to obtain written proof.
• A contract is considered valid only if it meets four essential conditions: consent of the parties, capacity to contract, a determined and lawful object, and a lawful cause.
• General liability is based on the principle that any person who causes damage to another through their fault is held responsible.
• The Code establishes a general statute of limitations of ten years for extinguishing obligations, unless otherwise provided by law.
• In commercial sales governed by the OHADA Uniform Act, the statute of limitations for actions resulting from a breach of contract is two years.
• The transfer of ownership in a commercial sale generally occurs upon the buyer's delivery of the goods, unless the parties agree to delay this transfer until full payment of the price.
• Commercial leases in cities with more than 5,000 inhabitants grant the tenant a right to renewal if they have operated the activity for at least two years.
• Insurance contracts are subject to a two-year prescription period for all actions arising from the contract, starting from the event that gave rise to the action.
• Professional civil companies (sociétés civiles professionnelles) allow members of the same liberal profession to exercise their activity in common under a legal entity.
• Foreign associations are prohibited from forming or operating in Senegal without prior authorization from the competent authority.
• Arbitration agreements, including compromise clauses, are permitted for merchants or any person involved in commercial operations, provided they concern rights over which they have free disposal.

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} }