The Guinean legal system
Legal system Civil law v common law
Based on French Civil Law
Historical background
Traditional laws applied during the pre-colonial period. The French imposed the French civil law system during the colonial period. In 1965 after colonization, the government of Gabon later introduced customary law but maintained French civil law system as the basic framework of the legal system.
Traditional law v Civil law
Both traditional laws and French civil laws apply . Traditional laws are used to resolve disputes at the village and neighborhood levels.
Judiciary system
The judicial system is composed of the Supreme Court, Court of Appeal and the Courts of First Instance. The judicial system also has the Court of State Security which is rarely in use.
The Supreme Court is the supreme court of the land. It is divided into three main chambers which include Constitutional and Administrative Chamber, the Civil, Criminal Commercial and Social Chamber as well as the Chamber of Accounts. The Court of Appeal is the second highest court. It has appellate jurisdiction to hear appeals from Courts of First Instance as well as the Justices of Peace. The Courts of First Instance are located at the headquarters of each geographic region.
Membership to other zone economic systems
OHADA, CEDEAO, CEEACC, CEMAC, OAPI.
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