Civil Code of Seychelles.
Country
Type of law
Legislation
Abstract
The Civil Code currently in force in Seychelles was enacted in 2020 and replaced the previous code. It is stipulated that, unless otherwise provided expressly or by necessary implication, where there is an inconsistency between a provision of the Code and a provision in any other enactment, the provision in the Code prevails.
The Code consist of Preliminary provisions, Book I (Persons), Book II (Property and the different kinds of ownership) and Book III (Transfer of ownesrhip).
PROPERTY AND REAL RIGHTS. Book II contains provisions relating to property in general including ownership, movable and immovable property rights. Specific provisions govern accession, usufruct, use and occupation and easements. The most significant change in Book II is the codification of "droit de superficie". A "droit de superficie" is an immovable property right which concerns the division of property rights between the 'bare owner' of the land, and the 'superficiaire' who is the owner of part of the surface of the land. Pursuant to the revised Code, a "droit de superficie is a right, conferred on a person other than the owner of the land, to enjoy the surface of the land". It is a real right and is both alienable and inheritable, subject to any period specified in a written agreement creating it, and can be created by agreement, prescription, alienation, or court order.
OBLIGATIONS AND CONTRACTS. Book III contains provisions relating to succession and obligations including contracts, delicts and unjust enrichment. As to contracts, general rules are laid down under articles 1101-1133. Special provisions apply to sale, mortgages and loan, among others.
INHERITANCE. As mentioned above, Book III deals with succession. This revised Code introduces testamentary freedom in place of the fixed heirship system established under the previous code.
WATER. The Code sets out provisions related to water under Sections concerning easements and accession. Every owner is entitled to use and dispose of rainwater that falls on that land or water that emanates from a spring on that land (art. 641).
The Code consist of Preliminary provisions, Book I (Persons), Book II (Property and the different kinds of ownership) and Book III (Transfer of ownesrhip).
PROPERTY AND REAL RIGHTS. Book II contains provisions relating to property in general including ownership, movable and immovable property rights. Specific provisions govern accession, usufruct, use and occupation and easements. The most significant change in Book II is the codification of "droit de superficie". A "droit de superficie" is an immovable property right which concerns the division of property rights between the 'bare owner' of the land, and the 'superficiaire' who is the owner of part of the surface of the land. Pursuant to the revised Code, a "droit de superficie is a right, conferred on a person other than the owner of the land, to enjoy the surface of the land". It is a real right and is both alienable and inheritable, subject to any period specified in a written agreement creating it, and can be created by agreement, prescription, alienation, or court order.
OBLIGATIONS AND CONTRACTS. Book III contains provisions relating to succession and obligations including contracts, delicts and unjust enrichment. As to contracts, general rules are laid down under articles 1101-1133. Special provisions apply to sale, mortgages and loan, among others.
INHERITANCE. As mentioned above, Book III deals with succession. This revised Code introduces testamentary freedom in place of the fixed heirship system established under the previous code.
WATER. The Code sets out provisions related to water under Sections concerning easements and accession. Every owner is entitled to use and dispose of rainwater that falls on that land or water that emanates from a spring on that land (art. 641).
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No