Somali Civil Code.
Country
Type of law
Legislation
Abstract
The Somali Civil Code was enacted through Law No. 37 of 2 June 1973. It consists of 958 articles and, although it does not cover issues of personal law, but it sets forth rules and principles relating to civil law, including obligations (contract law and tort), property law (real and personal). The Preliminary Title establishes general provisions, as follows: Chapter I-Laws and their application; Chapter II- Personality (individuals and legal persons); Chapter III- Classification of things and property.
PROPERTY AND REAL RIGHTS. Part Two of the Code deals with property and real rights. It defines the extent of the right of ownership, its restrictions and further defines joint ownerhip (arts. 660-680). Further it spcidies the mode sof acquisition of property, including possession and adverse prescription, succession, contracts. Furher the Code regulates rights derived from the right of ownership, namely usufruct and servitudes (arts. 792-820).Provisions on mortgages, pledges and registration of ownership and real rights are established too.
OBLIGATIONS AND CONTRACTS. Part One of the Code is devoted to obligations: sources of obligations; their effects; transfer of obligations; extinction and proof. As to sources, obligations may derive from contracts, unilateral undertaking, unjust enrichment and unlawful acts (liability). Concerning contracts, special provisions are devoted to sale, partnership contracts, loans, work, mandate, insurance, among others.
PROPERTY AND REAL RIGHTS. Part Two of the Code deals with property and real rights. It defines the extent of the right of ownership, its restrictions and further defines joint ownerhip (arts. 660-680). Further it spcidies the mode sof acquisition of property, including possession and adverse prescription, succession, contracts. Furher the Code regulates rights derived from the right of ownership, namely usufruct and servitudes (arts. 792-820).Provisions on mortgages, pledges and registration of ownership and real rights are established too.
OBLIGATIONS AND CONTRACTS. Part One of the Code is devoted to obligations: sources of obligations; their effects; transfer of obligations; extinction and proof. As to sources, obligations may derive from contracts, unilateral undertaking, unjust enrichment and unlawful acts (liability). Concerning contracts, special provisions are devoted to sale, partnership contracts, loans, work, mandate, insurance, among others.
Attached files
Date of text
Entry into force notes
The Code entered into force on 1 July 1973.
Notes
There are two official versions of the Somali Civil Code: Arabic and Italian. An unofficial English version is attached as well.
Repealed
No
Source language
English
Legislation Amendment
No