Contract law mauritius

  • What is common law in Mauritius?

    The legal system of Mauritius is governed by both French Code Napoleon and the British law based on the common law.
    Thus the present Mauritian law owns about 2/3 of its origin to English law and 1/3 to French law (with z emergence of doctrine which is French inspired and Code Napoleon)..

  • What is privity of contract in Mauritius?

    What does privity of contract mean? a contract to which you are not a party.
    Therefore, if your client is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract..

  • What is the legal system in Mauritius?

    The Mauritian constitution follows the “Westminster model”.
    Mauritian legal system has borrowed law relating to trade and commerce.
    Shipping, finance, banking, company law, negotiable and bankruptcy instrument.
    The legislation and statutory interpretation has been largely inspired by English Law and Jurisprudence..

  • What law does Mauritius follow?

    Legal Framework
    Mauritius has a hybrid legal system which combines both civil and common law practices.
    It is governed by principles drawn from both the French Napoleonic Code and English Common Law..

  • Case law interprets statutes, constitutional provisions, regulations and other case law.
    Case law is a major source of law in Mauritius and in many cases it creates binding precedent; which is law that must be followed in subsequent similar cases.
    Case law is often referred to as common law.
  • The Mauritian civil law was inspired by the French Code Napoléon, as a colonial law, during the French occupation (1715-1810) and maintained—along with the Code de Commerce and the French Code Pénal—by the British Empire (1810-1968) when Article 8 of the Capitulation Act 1810 stipulated that the inhabitants of the
  • What does privity of contract mean? a contract to which you are not a party.
    Therefore, if your client is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract.
Article 20 of the Civil Code allows a foreigner to sue a Mauritian national before a Mauritian Court for contracts entered into abroad by the Mauritian 
While the cursus in Mauritius has been to follow and apply French rules of private international law, being given that the internal laws on jurisdiction in 

Does Mauritius have a legal system?

Mauritius has a ‘hybrid’ or ‘mixed’ legal system, inherited from its colonisation by the French and the British

The constitution of Mauritius is based on the Westminster model, while the substantive law (civil rights, property law, contract law) are French derived and procedural laws are English based

How is competition law regulated in Mauritius?

Competition law in Mauritius is regulated by the Competition Act 2007 (Act) and the guidelines made thereunder

The Act has established the Competition Commission of Mauritius (CCM), which is responsible for monitoring and regulating competition and implementing the Act in Mauritius

What laws govern employment in Mauritius?

The main law governing employment in Mauritius is the Workers’ Rights Act 2019 (WRA)

There are also various other pieces of legislation and regulations that apply to employment in Mauritius, notably: Occupational Safety and Health Act 2005 (and corresponding regulations)

As provided by article 1108 of the Mauritian Civil Code; for a contract to be valid, four essential conditions need to be present i.e. (1) free and informed consent of the parties, (2) the parties' capacity to contract, (3) a certain and determined object and (4) a lawful cause.

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