CIVIL CODE OF SEYCHELLES ACT

CHAPTER 33
CIVIL CODE OF SEYCHELLES ACT

Arrangement of Sections

1. Short title.

2. Interpretation.

3. Commencement of Civil Code of Seychelles.

4. Civil Code of the French to cease to have effect.

5. Text to be deemed original version.

6. Previous amendments etc. of existing Code not affected.

7. Saving of existing laws altering existing Code except inconsistencies.

8. Act to prevail.

9. Construction.

10. Transitional, amendments and repeals.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

13 of 1975,

23 of 1976,

22 of 1980,

14 of 1981,

16 of 1982,

8 of 1992,

21 of 2013.

SI 72 of 1976.

[Date of commencement: 1st January 1976]

1. Short title.

(1) This Act may be cited as the Civil Code of Seychelles Act.

(2) This Act shall bind the Republic.

2. Interpretation.

In this Act, unless the context otherwise requires—

“appointed date” means the 1st day of January, 1976;

“Civil Code of Seychelles” means the Code set out in the First Schedule;

“enactment” means any Act, arrêtté, proclamation or regulations, and includes rules of court;

“existing Code” means the Civil Code of the French referred to in section 4;

“this Act” includes the Civil Code of Seychelles.

3. Commencement of Civil Code of Seychelles.

Subject to the provisions of this Act, the Civil Code of Seychelles shall come into operation on the appointed date.

4. Civil Code of the French to cease to have effect.

The Civil Code of the French, promulgated by the Arrête of 21st April 1808 (Decaen No. 168) as set out in Chapter 53 of the Laws of Seychelles, 1971 Edition, and all amendments thereto, shall cease to have effect in Seychelles.

5. Text to be deemed original version.

(1) The text of the Civil Code of Seychelles as in this Act contained shall be deemed for all purposes to be an original text, and shall not be construed or interpreted as a translated text.

(2) Nothing in this Act shall invalidate any principle of jurisprudence of civil law or inhibit the application thereof in Seychelles except to the extent that it is inconsistent with the Civil Code of Seychelles.

6. Previous amendments etc. of existing Code not affected.

(1) Nothing in this Act shall affect the operation prior to the appointed date of any enactment repealed or amended by this Act, or the previous operation of any amendment or modification by any such enactment of any article of the existing Code.

(2) Where, prior to the appointed date, any article of the existing Code ceased to have effect in Seychelles by virtue of any enactment repealed or amended by this Act, the inclusion of such article of the existing Code in the Civil Code of Seychelles shall not affect or be affected by the previous operation of any such enactment.

7. Saving of existing laws altering existing Code except inconsistencies.

(1) Subject to subsection (2), any enactment whereby the existing Code was altered, modified or varied in Seychelles shall not, as regards any such alteration, modification or variation in force immediately before the appointed date, be affected by the coming into force of the Civil Code of 1991 Seychelles unless, and except to the extent that, it is inconsistent with the Civil Code of Seychelles.

(2) The Minister may, by order in the Gazette, provide that any enactment specified in the order, being an enactment referred to in subsection (1), shall notwithstanding anything therein inconsistent with the Civil Code of Seychelles, have effect in Seychelles, subject (if the order so provides) to such modifications or qualifications as may be specified in the order and to the extent so specified; and any enactment so specified shall, until such order is revoked, expires or otherwise ceases to have effect, be read and construed for all purposes in conformity with such order without reference to subsection (1).

(3) An order under subsection (2) shall come into force on such date as shall be specified therein, not being a date prior to the appointed date.

8. Act to prevail.

Save as provided in section 7, where there is any inconsistency between any provision of this Act and any provision in an enactment in force immediately prior to the appointed date, the provision of this Act shall prevail.

9. Construction.

The Interpretation and General Provisions Act shall, subject to the provisions of this Act, apply in relation to the interpretation of this Act but shall not apply in relation to the Civil Code of Seychelles, which shall be read and construed for all purposes in accordance with the rules of interpretation set out therein.

10. Transitional, amendments and repeals.

(1) The Second Schedule, shall have effect in relation to the matters specified therein.

(2) The enactments specified in the first column of the Third Schedule are amended respectively to the extent indicated in the second column thereof.

(3) The enactments specified in the Fourth Schedule are repealed.

FIRST SCHEDULE

[Section 2]

THE CIVIL CODE OF SEYCHELLES, 1975

[Note: The numbering of the articles of the Civil Code of Seychelles is intended, so far as possible, to correspond with the articles of the existing Code. Articles which exist only in number and which are described as repealed are intended to account for articles in the existing Code (as set out in the Fourth Schedule to this Act) which have no equivalent in the Civil Code of Seychelles or which have been repealed by the relevant Acts referred to in the Civil Code of Seychelles.]

TABLE OF CONTENTS

of

THE CIVIL CODE OF SEYCHELLES

PRELIMINARY TITLE

THE PROMULGATION, EFFECT AND APPLICATION OF LAW

1

6

BOOK 1

PERSONS

 

 

TITLE I

THE ENJOYMENT AND LOSS OF CIVIL RIGHTS

7

33

CHAPTER I

The Enjoyment of Civil Rights

7

16

CHAPTER II

The Loss of Civil Rights (Repealed)

17

33

TITLE II

ACTS OF CIVIL STATUS (Repealed)

34

101

TITLE III

RESIDENCE

102

111

TITLE IV

ABSENTEES

112

143

CHAPTER I

The Presumption of Absence (Repealed)

112

114

CHAPTER II

The Declaration of Absence (Repealed)

115

119

CHAPTER III

The Effect of Absence

120

143

Section I

The Effect of Absence in relation to Property in the Possession of the Absentee at the time of his Disappearance

120

134

Section II

The Effect of Absence upon the Contingent Rights which may accrue to the Absentee

135

138

Section III

The Effect of Absence upon Marriage

139

140

CHAPTER IV

The Custody of Minor Children of an Absentee Father

141

143

TITLE V

MARRIAGE

144

288

CHAPTER I

Conditions required to contract Marriage (Repealed)

144

164

CHAPTER II

Forms relating to the Celebration of Marriage (Repealed)

165

171

CHAPTER III

Objections to Marriage (Repealed)

172

179

CHAPTER IV

Actions for Nullity of Marriage

180

202

CHAPTER V

The Obligations arising from Marriage

203

211

CHAPTER VI

The Respective Rights and Duties of the Spouses

212

226

CHAPTER VII

The Dissolution of Marriage

227

 

CHAPTER VIII

Second Marriages (Repealed)

228

 

TITLE VI

DIVORCE (Repealed)

229

311

TITLE VII

PATERNITY AND DESCENT

312

342

CHAPTER I

The Descent of Legitimate Children Born in Wedlock

312

318

CHAPTER II

Proof of Descent of Legitimate Children

319

330

CHAPTER III

Illegitimate Children

331

 

Section I

The Legitimation of Illegitimate Children

331

333

Section II

The Recognition of Illegitimate Children and proof of their descent

334

342

TITLE VIII

ADOPTION (Repealed)

343

370

TITLE IX

PARENTAL AUTHORITY IN RELATION TO THE CHILD AND HIS PROPERTY

371

387

TITLE X

MINORITY, GUARDIANSHIP AND EMANCIPATION

388

487

CHAPTER I

Minority

388

 

CHAPTER II

Guardianship

389

475

Section I

The Guardianship of the Parents

389

396

Section II

The Guardianship conferred upon Third Parties by the Parents

397

401

Section III

The Judicial Appointment of a Guardian

402

404

Section IV

The Functions of a Guardian

405

419

Section V

The Sub Guardian

420

426

Section VI

Exemption of Guardianship

427

441

Section VII

Incapacity, Exclusion and Removal from Guardianship

442

449

Section VIII

The Administration of Guardians

450

468

Section IX

Accounting Procedure for Guardians

469

475

CHAPTER III

Emancipation

476

487

TITLE XI

MATURITY, INTERDICTION AND THE PROTECTION OF SOME PERSONS OF FULL AGE

488

515

CHAPTER I

General Provisions

488

 

CHAPTER II

Interdiction

489

512

CHAPTER III

Curatorship

513

515

BOOK II

PROPERTY AND THE DIFFERENT KINDS OF OWNERSHIP

 

 

TITLE I

THE DIFFERENT KINDS OF PROPERTY

516

543

CHAPTER I

Immovable Property

517

526

CHAPTER II

Movable Property

527

536

CHAPTER III

Property in Relation to its Owners

537

543

TITLE II

OWNERSHIP

544

577

CHAPTER I

The Right of Accession with regard to the Produce of a Thing

547

550

CHAPTER II

The Rights of Accession upon a Thing which becomes United or Incorporated with another

551

577

Section I

The Rights of Accession in respect of Immovable Property

552

564

Section II

The Rights of Accession in respect of Movable Property

565

577

TITLE III

USUFRUCT, USE AND HABITATION

578

636

CHAPTER I

Usufruct

578

624

Section I

The Rights of the Usufructuary

582

599

Section II

The Duties of the Usufructuary

600

616

Section III

The Termination of the Usufruct

617

624

CHAPTER II

Use and Habitation

625

636

TITLE IV

EASEMENTS, OR REAL RIGHTS OVER LAND, OTHER THAN OWNERSHIP

637

710

CHAPTER I

Easements which arise from the Position of Land

640

648

CHAPTER II

Easements established by Law

649

685

Section I

Partition Walls and Ditches

653

673

Section II

The Distance and Intermediary Works required for certain Structures

674

 

Section III

The Right to Lights over Neighbouring Property

675

680

Section IV

Eaves and Drains

681

 

Section V

The Right of Way

682

685

CHAPTER III

Easements Created by the Act of Man

686

710

Section I

Various Kinds of Easements which can be created over Property

686

689

Section II

The Creation of Easements

690

696

Section III

The Rights of the Owner of the Dominant Tenement

697

702

Section IV

The Extinction of Easements

703

710

BOOK III

VARIOUS WAYS OF ACQUISITION OF OWNERSHIP

 

 

 

GENERAL PROVISIONS

711

717

TITLE I

SUCCESSION

718

892

CHAPTER I

The Opening of Succession and the Seisin of Heirs

718

724

CHAPTER II

The Qualifications Required to inherit

725

730

CHAPTER III

The Various Orders of Succession

731

755

Section I

General Provisions

731

738

Section II

Representation

739

744

Section III

Succession Devolving upon Descendants

745

 

Section IV

Succession Devolving upon Ascendants

746

749

Section V

Collateral Succession

750

755

CHAPTER IV

Irregular Succession

756

773

Section I

The Rights of Natural Children to the Property of their Father and Mother, and the Succession of Natural Children who have died without issue

756

765

Section II

The Rights of the Surviving Spouse

766

768

Section III

The Rights of the Republic

769

773

CHAPTER V

The Acceptance and Repudiation of Succession

774

814

Section I

Acceptance

774

783

Section II

The Renunciation of Succession to Movable Property

784

792

Section III

The Benefit of Inventory, its Effects and the Obligations of the Heirs entitled to it

793

810

Section IV

Vacant Successions

811

814

CHAPTER VI

Co-ownership and Returns

815

892

Section I

The Consequences of Co-ownership

815

823

Section II

The Fiduciary Fund

824

 

Section III

The Functions and Powers of the Fiduciary

825

842

Section IV

Returns

843

869

Section V

Payment of Debts

870

882

Section VI

(Repealed)

883

886

Section VII

Rescission in matters of Partition of Movables

887

892

TITLE II

GIFTS INTER VIVOS AND WILLS

893

1100

CHAPTER I

General Provisions

893

900

CHAPTER II

The Capacity to give or to receive by Gift inter vivos or by Will

901

912

CHAPTER III

The Disposable Portion and Reduction

913

930

Section I

The Portion of Disposable Property

913

919

Section II

The Reduction of Gifts and Legacies

920

930

CHAPTER IV

Gifts inter vivos

931

966

Section I

The Form of Gifts inter vivos

931

952

Section II

Exceptions to the Rule of Irrevocability of Gifts inter vivos

953

966

CHAPTER V

Disposition by Will

967

1047

Section I

General Rules relating to the Forms of Wills

967

980

Section II

Particular Rules relating to the Forms of certain Wills

981

1001

Section III

The Appointment of Heirs and Legacies in General

1002

 

Section IV

Universal Legacies

1003

1009

Section V

Legacies by Universal Title

1010

1013

Section VI

Particular Legacies

1014

1024

Section VII

Executors

1025

1034

Section VIII

Revocation and Nullity of Wills

1035

1047

CHAPTER VI

Dispositions permitted in favour of the Grandchildren of the Donor or Testator or of Children of his Brothers and Sisters

1048

1074

CHAPTER VII

Partition made by a person among his Heirs and Legatees

1075

1080

CHAPTER VIII

Gifts made by an Antenuptial Marriage Settlement in Favour of the Spouses and of the Children of the Marriage

1081

1090

CHAPTER IX

Dispositions between Spouses, Either by an Antenuptial Marriage Settlement or during Marriage

1091

1100

TITLE III

CONTRACTS AND AGREEMENTS IN GENERAL

1101

1369

CHAPTER I

Preliminary Provisions

1101

1107

CHAPTER II

Essential Conditions for the validity of Contracts

1108

1133

Section I

Consent

1109

1122

Section II

Capacity to make a Contract

1123

1125

Section III

The Object and the Subject matter of Contracts

1126

1130

Section IV

Public Policy

1131

1133

CHAPTER III

The Effect of Obligations

1134

1167

Section I

General Provisions

1134

1135

Section II

The Obligation to give

1136

1141

Section III

The Obligation to perform or not to perform

1142

1145

Section IV

Damages arising from the Failure to perform the Obligation

1146

1155

Section V

The Interpretation of Contracts

1156

1164

Section VI

The Effect of Obligations towards Third Parties

1165

1167

CHAPTER IV

Different Kinds of Obligations

1168

1233

Section I

Conditional Obligations

1168

1184

 

1. The Condition in general and its various Types

1168

1180

 

2. The Condition Precedent

1181

1182

 

3. The Condition Subsequent

1183

1184

Section II

Time or Forward Obligations

1185

1188

Section III

Alternative Obligations

1189

1196

Section IV

Joint and Several Obligations

1197

1216

 

1. The Joint and Several Liability of Creditors

1197

1199

 

2. The Joint and Several Liability of Debtors

1200

1216

Section V

Divisible and Indivisible Obligations

1217

1225

 

1. The Effects of Divisible obligations

1220

1221

 

2. The Effects of Indivisible Obligations

1222

1225

Section VI

Obligations with Penal Clauses

1226

1233

CHAPTER V

The Discharge of Obligations

1234

1314

Section I

Payment

1235

1270

 

1. Payment in General

1235

1248

 

2. Payment with Subrogation

1249

1252

 

3. The Appropriation of Payments

1253

1256

 

4. Tenders of Payment and Deposit

1257

1264

 

5. Assignment of Assets

1265

1270

Section II

Novation

1271

1281

Section III

The Release from Debts

1282

1288

Section IV

Set off

1289

1299

Section V

Merger

1300

1301

Section VI

The Loss of the Thing due

1302

1303

Section VII

The Action for Nullity or Rescission of Contracts

1304

1314

CHAPTER VI

Proof of Obligations and of Payment

1315

1369

Section I

Written evidence

1317

1340

 

1. Authentic Documents

1317

1321

 

2. Documents under Private Signature

1322

1332

 

3. Tallies

1333

 

 

4. Copies of Documents

1334

1336

 

5. Documents of Acknowledgement and Confirmation

1337

1340

Section II

Oral Evidence

1341

1348

Section III

Presumptions

1349

1353

 

1. Presumptions which apply by Operation of Law

1350

1352

 

2. Presumptions which do not apply by Operation Law

1353

 

Section IV

The Admission of a Party

1354

1356

Section V

Oaths

1357

1369

 

1. Decisive Oaths

1358

1365

 

2. Oaths tendered ex-officio

1366

1369

TITLE IV

OBLIGATIONS ARISING WITHOUT AGREEMENT

1370

1386

CHAPTER I

Quasi contracts and Other Sources of Obligations

1371

1381-1

Section I

Quasi contracts

1371

1381

Section II

Unjust Enrichment

1381-1

 

CHAPTER II

Delicts and Quasi delicts

1382

1386

TITLE V

ANTENUPTIAL MARRIAGE SETTLEMENT AND MATRIMONIAL SYSTEMS (Repealed)

1387

1581

TITLE VI

SALE

1582

1701

CHAPTER I

The Nature and Form of Sale

1582

1593

CHAPTER II

The Capacity to Buy and Sell

1594

1597

CHAPTER III

Things that May be Sold

1598

1601

CHAPTER III-I

The Sale of a Future Building

1601 1

1601 4

CHAPTER IV

The Obligations of the Seller

1602

1649

Section I

General Provisions

1602

1603

Section II

The Delivery

1604

1624

Section III

Warranties

1625

1649

 

1. The Warranty against Eviction

1626

1640

 

2. The Warranty for Defects of the Property sold

1641

1649

CHAPTER V

The Obligations of the Buyer

1650

1657

CHAPTER VI

Nullity and Rescission of Sale

1658

1685

Section I

The Option to Redeem

1659

1673

Section II

Rescission of Sales for Lesion

1674

1685

CHAPTER VII

Licitation

1686

1688

CHAPTER VIII

The Assignment of Claims and Other Incorporeal Rights

1689

1701

TITLE VII

EXCHANGE

1702

1707

TITLE VII

THE CONTRACT OF HIRE

1708

1831

CHAPTER I

General Provisions

1708

1712

CHAPTER II

Leases or Hire

1713

1778 2

Section I

Rules Common to Leases of Houses and Agricultural Leases

1714

1751

Section II

Special Rules applying to the Lease of Premises

1752

1762

Section III

Special Rules for Agricultural Leases

1763

1778

Section IV

Building Leases

1778 1

1778 2

CHAPTER III

The Hire of Work and Services

1779

1799

Section I

The Hire of Servants and Workmen

1780

1781

Section II

Carriers by Land, Water and Air

1782

1786

Section III

Estimates and Work at a Fixed Price

1787

1799

CHAPTER IV

Lease of Livestock

1800

1831

Section I

General Provisions

1800

1803

Section II

The Simple Lease of Livestock

1804

1817

Section III

The Lease of Livestock on the basis of Half and Half

1818

1820

Section IV

The Lease of Livestock granted by the Owner to his Tenant-Farmer or Farmer on a Share Basis

1821

1830

 

1. The Lease of Livestock granted to a Tenant-Farmer

1821

1826

 

2. Livestock delivered to a Farmer on a Share Basis

1827

1830

Section V

The Lease improperly called Lease of Livestock

1831

 

TITLE IX

PARTNERSHIP

1832

1873

CHAPTER I

General Provisions

1832

1834

CHAPTER II

The Various Kinds of Partnerships

1835

1842

Section I

Universal Partnerships

1836

1840

Section II

The Particular Partnership

1841

1842

CHAPTER III

Obligations of Partners towards One Another and in respect of Third Parties

1843

1864

Section I

The Obligations of Partners towards one another

1843

1861

Section II

The Obligations of Partners towards Third Parties

1862

1864

CHAPTER IV

Different ways of Terminating a Partnership

1865

1872

 

Provision relating to Commercial Partnerships

1873

 

TITLE X

THE LOAN

1874

1914

CHAPTER I

The Loan for Use

1875

1891

Section I

The Nature of the Loan for Use

1875

1879

Section II

The Rights and Duties of the Borrower

1880

1887

Section III

The Rights and Duties of the Lender for Use

1888

1891

CHAPTER II

The Loan for Consumption or the Simple Loan

1892

1904

Section I

The Nature of the Loan for Consumption

1892

1897

Section II

The Obligations of the Lender

1898

1901

Section III

The Rights and Duties of the Borrower

1902

1904

CHAPTER III

The Loan upon Interest

1905

1914

TITLE XI

DEPOSIT AND RECEIVERSHIP

1915

1963

CHAPTER I

The Deposit in general and its various Kinds

1915

1916

CHAPTER II

The Deposit Properly so Called

1917

1954 5

Section I

The Nature of Essence of the Contract of Deposit

1917

1920

Section II

The Voluntary Deposit

1921

1926

Section III

The Obligations of the Depository

1927

1946

Section IV

The Obligations of the Depositor

1947

1948

Section V

The Necessary Deposit

1949

1954 4

CHAPTER III

Deposit with a Stakeholder and Receivership

1955

1963

Section I

Different Kinds of Deposit

1955

 

Section II

The Deposit with a Stakeholder

1956

1960

Section III

Receivership or Judicial Deposit

1961

1963

TITLE XII

CONTINGENT CONTRACTS

1964

1983

CHAPTER I

Gaming and Wagering Contracts

1965

1967

CHAPTER II

The Contract of Life Annuity

1968

1983

Section I

Conditions required for the Validity of Contract

1968

1976

Section II

The Effect of the Contract between the Contracting Parties

1977

1983

TITLE XIII

AGENCY

1984

2010

CHAPTER I

The Nature and Forms of Agency

1984

1990

CHAPTER II

The Obligations of the Agent

1991

1997

CHAPTER III

The Obligations of the Principal

1998

2002

CHAPTER IV

Different Ways of Terminating the Agency

2003

2010

TITLE XIV

SURETYSHIP

2011

2043

CHAPTER I

The Nature and Extent of Suretyship

2011

2020

CHAPTER II

The Effects of Suretyship

2021

2033

Section I

The Effects of Suretyship between the Creditor and the Surety

2021

2027

Section II

The Effects of Suretyship between the Debtor and the Surety

2028

2032

Section III

The Effects of Suretyship among Co-Sureties

2033

 

CHAPTER III

The Extinction of Suretyship

2034

2039

CHAPTER IV

Legal and Judicial Suretyship

2040

2043

TITLE XV

COMPROMISE

2044

2058

TITLE XVI

IMPRISONMENT FOR CIVIL DEBT (Repealed)

2059

2070

TITLE XVII

PLEDGES AND FLOATING CHARGES

2071

2091-3

CHAPTER I

Pawn

2073

2084

CHAPTER II

Antichresis

2085

2090

CHAPTER III

Floating Charges

2091-1

2091-3

TITLE XVIII

PRIVILEGES AND MORTGAGES

2092

2203

CHAPTER I

General Provisions

2092

2094

CHAPTER II

Privileges

2095

2113

Section I

Privileges upon Movables

2100

2102

 

1. General Privileges upon Movables

2101

 

 

2. Privileges upon certain Movables

2102

 

Section II

Special Privileges upon Movables

2103

 

Section III

Privileges upon Movables and Immovable Property

2104

2105

Section IV

The Retention of Privileges

2106

2113

CHAPTER III

Mortgages

2114

2145

Section I

Legal Mortgages

2121

2122

Section II

Judicial Mortgages

2123

 

Section III

Conventional Mortgages

2124

2133

Section IV

The Order in which Mortgages rank

2134

 

Section V

The Inscription of Mortgages by Guardians

2135

2145

CHAPTER IV

The Inscription of Privileges and Mortgages

2146

2156

CHAPTER V

Erasure and Reduction of Inscriptions

2157

2165

CHAPTER VI

The Effect of Privileges and Mortgages upon a Third Party holding Property

2166

2179

CHAPTER VII

The Extinction of Privileges and Mortgages

2180

 

CHAPTER VIII

The Method of Redemption of Privileges and Mortgages

2181

2192

CHAPTER IX

(Repealed)

2193

2195

CHAPTER X

The Publicity of Registers and the Liability of the Registrar-General

2196

2203

TITLE XIX

THE COMPULSORY SALE OF PROPERTY AND THE ORDER OF PRIORITY AMONG CREDITORS

2204

2218

CHAPTER I

The Compulsory Sale of Property

2204

2217

CHAPTER II

The Order of Priority among Creditors and Apportionment of Proceeds

2218

 

TITLE XX

PRESCRIPTION

2219

2281

CHAPTER I

General Provisions

2219

2227

CHAPTER II

Possession

2228

2235

CHAPTER III

Obstacles to Prescription

2236

2241

CHAPTER IV

The Grounds upon which Prescription is Interrupted or Suspended

2242

2259

Section I

The Grounds upon which Prescription is Interrupted

2242

2250

Section II

The Grounds upon which Prescription is Suspended

2251

2259

CHAPTER V

The Period of Prescription

2260

2281

Section I

General Provisions

2260

2261

Section II

The Prescription of Twenty Years

2262

2264

Section III

The Prescription of Ten Years

2265

2270

Section IV

Special Cases of Prescription

2271

2281

PRELIMINARY TITLE

THE PROMULGATION, EFFECT AND APPLICATION OF LAW

ARTICLE 1

1. Law is a solemn and public expression of legislative will. Laws are promulgated in accordance with the Constitutional provisions in force in Seychelles.

2. All laws shall be published and take effect in the manner laid down in such Constitutional provisions as are applicable from time to time. Save as otherwise provided, they shall apply to all the Islands of the Seychelles Archipelago.

ARTICLE 2

1. No law shall be construed to have retroactive effect unless such a construction is expressly stated in the text of the law or arises by necessary and distinct implication.

2. Save as provided in paragraph 1 of this article, a retroactive provision shall not apply to vested rights which are immediately enforceable. However, the restriction of this paragraph shall not extend to a mere expectation of a benefit or to a claim which offends the rules of public policy.

ARTICLE 3

1. Police regulations and laws pertaining to the public order and security shall bind all persons in Seychelles, except as provided from time to time by laws extending diplomatic privileges and immunities to certain persons or categories of persons.

2. Immovable property shall be governed by the law of Seychelles. This rule also applies to immovable property under foreign ownership or control.

3. Status and capacity shall be governed by such laws as are from time to time enacted. Subject to this provision, capacity shall further be determined by the domicile of a person. Domicile shall be inferred from the fact that a person retains or voluntarily establishes his sole or principal residence in a country with the intention of retaining or making that country the centre of his personal, social and economic interests.

4. The time at which a person first becomes capable of having an independent domicile shall be when he attains the age of eighteen or marries under that age.

5. A married woman shall have her own domicile for all purposes.

6. Subject to laws referred to in paragraph 3, nothing in this article shall be construed as forbidding a person to conclude a valid contract in accordance with the proper law of the contract, or to affect his capacity to marry or make any family contract in accordance with the law of the intended matrimonial home.

7. The parties to a contract of sale of goods involving an international element may agree that the obligations of the seller and the buyer arising from the contract shall be governed by the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods, as laid down in the Annexes to the International Conventions under the aforementioned titles respectively. These Uniform Laws may only be made applicable as provided therein. Nothing in this paragraph shall be construed as preventing the parties from designating, in respect of the terms of the contract which are not covered by the aforementioned Uniform Laws, the law of Seychelles or that of another country as the proper law of contract; nor shall they be prevented from making their contract subject to arbitration to be governed by the law of their choice.

ARTICLE 4

The source of the civil law shall be the civil Code of Seychelles and other laws from time to time enacted.

ARTICLE 5

Judicial decisions shall not be absolutely binding upon a Court but shall enjoy a high persuasive authority from which a Court shall only depart for good reason.

ARTICLE 6

It shall be forbidden to exclude the rules of public policy by private agreement. Rules of public policy need not be expressly stated.

BOOK I

PERSONS

TITLE I

THE ENJOYMENT AND LOSS OF CIVIL RIGHTS

Chapter I

The Enjoyment of Civil Rights

ARTICLES 7 and 8

Repealed.

Civil Code (Amendment) Act. (1971 Ed.)

ARTICLE 9

1. Subject to the provisions of any law, persons shall be entitled to the protection of the Court with regard to their rights to privacy and confidential information.

2. It shall be a defence to a civil action arising from an international act, which has led, in fact, to the invasion of the privacy of a persons or to the breach of confidential information to which he was entitled, that the act was performed as part of a legitimate investigation of allegations of behaviour against the public interest.

ARTICLES 10 - 12

Repealed.

Civil Code (Amendment) Act. (1971 Ed.)

ARTICLE 13

Repealed.

Domicile Act. S.3. Cap.

ARTICLE 14 - 15

Repealed.

Civil Code (Amendment) Act. (1971 Ed.)

ARTICLE 16

When one of the parties to a civil action is a non-resident, the Court may, at the request of the other party, and for good reason, make an order requiring such a non-resident to give security for costs and for any damages which may be awarded against him.

Chapter II

The Loss of Civil Rights

ARTICLES 17 - 33

Repealed.

Civil Code (Amendment) Act. (1971 Ed.)

TITLE II

ACTS OF CIVIL STATUS

ARTICLES 34 - 101

Repealed.

Civil Status Act.

TITLE III

RESIDENCE

ARTICLE 102

1. The residence of a person shall be the place in which he resides in fact and shall not depend upon his legal right to reside in a country.

2. In determining whether a person is habitually resident in a place account shall be taken of the duration and continuity of the residence as well as of other facts of a personal or professional nature which point to durable ties between a person and his residence.

3. Residence or habitual residence shall only be an element to be taken into account by a Court in deciding whether a person has established a claim of domicile.

ARTICLE 103 - 111

Repealed.

Domicile Act.

TITLE IV

ABSENTEES

Chapter I

The Presumption of Absence

ARTICLES 112 - 114

Repealed.

Presumption of Deaths Act.

Chapter II

The Declaration of Absence

ARTICLES 115 - 119

Repealed.

Presumption of Deaths Act.

Chapter III

The Effect of Absence

Section I

The Effect of Absence in relation to Property in the Possession of the Absentee at the Time of his Disappearance.

ARTICLES 120 - 123

Repealed.

Presumption of Deaths Act. Cap. 178.

ARTICLE 124

Repealed.

Status of Married Women Act. Schedule I.

ARTICLES 125 - 127

Repealed.

Presumption of Deaths Act.

ARTICLE 128

Persons who have been granted provisional control shall not convey or mortgage any part of the immovable property of the persons declared absent.

ARTICLES 129 - 133

Repealed.

Presumption of Deaths Act.

ARTICLES 134

After a judicial declaration of absence or death, claims against a person so declared shall only be enforceable against those who have been granted legal control of the property.

SECTION II

The Effect of Absence upon the Contingent Rights which may accrue to the Absentee

ARTICLE 135

Any party claiming the benefit of a right that has accrued to a person who has been declared absent, must prove that the said person was alive at the time when the right arose: in default of such proof, his claim shall be declared to be inadmissible.

ARTICLE 136

If a succession devolves upon a person who has been declared absent, it shall devolve exclusively upon such other persons as may jointly with him be entitled to succeed. In the absence of such persons, the succession shall devolve upon those entitled in his place.

ARTICLE 137

The provisions of the two foregoing articles shall not affect the right to maintain an action for the recovery of an inheritance, or to claim other rights to which a person declared absent or his representatives or assigns are entitled. Such actions and rights shall only be extinguished by the lapse of time required for prescription.

ARTICLE 138

So long as the absentee does not re-appear or any rights of action are not exercised on his behalf, those upon whom the succession has devolved, shall be entitled to any profit and income received in good faith.

SECTION III

The Effect of Absence upon Marriage

ARTICLE 139

Repealed.

Presumption of Deaths Act.

ARTICLE 140

If a spouse declared absent has not left any relatives qualified to succeed him, the other spouse shall be entitled to claim the provisional control of the property.

Chapter IV

The Custody of Minor Children of an Absentee Father

ARTICLE 141

If the father has disappeared leaving minor children, born of his marriage to the mother, she shall have the custody of the children and shall exercise all the rights of the husband pertaining to their education and the administration of their property.

ARTICLE 142

After a period of six months since the disappearance of the father, if the mother was dead at the time of such disappearance or if she dies before the judicial declaration of disappearance, the custody of the children of the marriage shall be granted by the Court to a provisional guardian pending the appointment of a guardian.

ARTICLE 143

The same rule shall apply if one of the spouses that disappeared has left minor children from a previous marriage.

TITLE V

MARRIAGE

Chapter I

Conditions Required to Contract Marriage

ARTICLES 144 - 164

Repealed.

Civil Status Act. Schedule A.

Chapter II

Forms Relating to the Celebration of Marriage

ARTICLES 165 - 171

Repealed.

Civil Status Act. Schedule A.

Chapter III

Objections to Marriage

ARTICLES 172 - 179

Repealed.

Civil Status Act. Schedule A. Cap. 34.

Chapter IV

Actions for Nullity of Marriage

ARTICLES 180 - 193

Repealed.

Matrimonial Causes Act. Schedule I. (1971 Ed.)

ARTICLE 194

1. No one shall claim married status and the benefits therefrom unless he is able to produce a certificate of marriage registered in the register of civil status.

2. A birth, marriage or death may be proved by any oral or written evidence when the registers have been lost, or leaves of the register, into which such acts are alleged to have been entered, have been partly or entirely destroyed or defaced. The same proof shall always be admissible when no registers have been kept.

ARTICLE 195

The fact that the spouses are commonly reputed to enjoy marital status shall not relieve such alleged spouses, respectively claiming the benefit of such status, from producing the certificate of marriage performed before an officer of civil status.

ARTICLE 196

1. When the spouses possess marital status and the certificate of marriage has been produced, they shall not be permitted to plead the invalidity of such certificate.

2. The provisions of paragraph 1 of this article shall not apply if the certificate has been issued outside Seychelles and if the Attorney-General, acting on his own initiative or at the request of a spouse, can make out a prima facie case that the certificate has been issued in circumstances which disclose a breach of the rules of public policy.

ARTICLE 197

Nevertheless, if in the case of articles 194 and 195 there are children born to two persons who have openly lived as husband and wife and who are both dead, the legitimacy of such children shall not be disputed merely on the ground that the certificate of marriage cannot be produced, provided that the legitimacy of the children is proved by the existence of marital status of the parents and is not disproved by a certificate of birth.

ARTICLE 198

When the proof of the celebration of a marriage is established by a judgement of a criminal Court, the entry of such judgement into the register of civil status shall bring into operation, as from the day of celebration, all the civil effects of the marriage, both in relation to the spouses as well as in relation to the children of such marriage.

ARTICLE 199

If the spouses, or one of them, have died without discovering the fraud, criminal proceedings may be initiated at the instance of any person interested in having the marriage declared valid as well by the Attorney-General.

ARTICLE 200

If the officer of civil status was dead when the fraud was discovered, the proceedings shall be conducted in a civil Court by the Attorney-General against the heirs in the presence of the interested parties and at their instance.

ARTICLE 201

1. A marriage which has been declared null shall have, nevertheless, civil effects with regard to the spouses provided it was contracted in good faith.

2. If one of the spouses was in good faith, the marriage shall have civil effects for the innocent spouse only.

3. Unless there is evidence to the contrary, good faith shall be presumed in favour of the spouses. Good faith need only have existed at the time of the celebration.

ARTICLE 202

1. A null marriage shall also have civil effects with regard to the children, irrespective of the good faith of either or both of the parents.

2. A Court shall have powers to make an order with regard to the custody and care of such children as in the case of a divorce.

Chapter V

The Obligations Arising from Marriage

ARTICLE 203

The spouses jointly, by the mere fact of the marriage, undertake the obligation to maintain and bring up their children.

ARTICLE 204

A child is not entitled to enforce by a legal action against his father or mother a right to be set up in marriage or business or in any other way.

ARTICLE 205

1. The children shall be bound to maintain their father and mother or other ascendants who are in need.

2. A surviving spouse is entitled to maintenance from the estate of the deceased spouse. Such maintenance may be claimed within one year of the date of death or until the distribution or division of the estate of the deceased is completed, whichever is later.

3. Such maintenance shall be a prior charge upon the estate and shall take precedence over the claims and rights of heirs, and in the case of insufficiency, of those of legatees, in proportion to what they receive. If, however, the deceased had expressly declared that any legacy shall be paid in priority to the others, Article 927 of this Code shall apply.

4. This article shall apply without prejudice to the provisions of any other enactment.

ARTICLE 206

1. Sons-in-law and daughters-in-law shall equally be bound to maintain, in similar circumstances, their father-in-law and mother-in-law. This obligation shall not be enforceable if the spouse, whose marriage created the link, and the children born of his marriage to the other spouse, are dead.

2. The obligation shall also be extinguished if the marriage which created the link has ended in divorce.

ARTICLE 207

1. The obligations which arise from the aforementioned provisions shall be mutual.

2. Nevertheless, when a claimant has himself seriously failed in his obligation towards the person from whom he is entitled to maintenance, the Court may discharge such person of the whole or part of his obligation to maintain.

3. An obligation to maintain under this article and under articles 205 and 206 of this Code shall be enforceable by an order for attachment of earnings as provided by such laws as are in force from time to time.

ARTICLE 208

Maintenance shall only be granted in proportion to the needs of the claimant and the means of the party under the obligation.

ARTICLE 209

1. When the means of a person who provides, or of a person who is in receipt of, maintenance have changed in a way in which the former can no longer supply it or the latter no longer needs the whole or part of it, the parties may apply for a discharge from or a reduction of their obligation.

2. The right to ask for a variation of maintenance shall not be available to a creditor. Such a right shall not be assigned to a third party.

ARTICLE 210

If a person under an obligation to provide maintenance can show that he cannot pay any allowance, the Court, after considering all the facts of the case, may order that he shall receive in his house, maintain and provide for the person to whom maintenance is due.

ARTICLE 211

The Court shall, in the same manner, decide whether the father or the mother who offers to receive, maintain and provide in his house for the child to whom maintenance is due can be exempted from paying an allowance.

Chapter VI

The Respective Rights and Duties of the Spouses

ARTICLE 212

The Spouses owe to each other faithfulness, support, assistance and care.

ARTICLE 213

Repealed.

Status of Married Women Act. Schedule I.

ARTICLE 214

1. When there is no provision in a marriage settlement concerning the proportion in which each spouse is to contribute to the family charges, each shall contribute according to his means.

2. The husband is primarily responsible for the family charges; he must supply his wife with all her necessaries, according to his means and standing.

ARTICLE 215

1. A married woman shall have full legal capacity as if she were a feme sole.

2. Provided that if a married woman is an interdicted person or a person judicially assisted under Article 499 of this Code, the law relating to the incapacity of interdicted persons and assisted persons, as the case may be, shall continue to apply to her so long as such incapacity shall last.

ARTICLES 216-226

Repealed.

Status of Married Women Act. Schedule I.

Chapter VII

The Dissolution of Marriage

ARTICLE 227

A marriage shall be dissolved—

1. By the death of one of the spouses.

2. By a decree of divorce lawfully pronounced.

Chapter VIII

Second Marriages

ARTICLE 228

Repealed.

Status of Married Women Act. Schedule I.

TITLE VI

DIVORCE

ARTICLES 229 - 311

Repealed.

Matrimonial Causes Act. Schedule I. (1971 Ed.)

TITLE VII

PATERNITY AND DESCENT

Chapter I

The Descent of Legitimate Children Born in Wedlock

ARTICLE 312

1. A child conceived during marriage shall be presumed to have the husband as father.

2. Nevertheless, any presumption of law as to the legitimacy or illegitimacy of any person may, in any civil proceedings, be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.

ARTICLE 313

1. The husband shall be allowed to prove all the facts tending to show that he is not the father.

2. The Court may give a direction for the use of blood tests to ascertain whether such tests show that a party to the proceedings is or is not thereby excluded from being the father of that person and for the taking, for the purpose of those tests, of blood samples from that person, the mother of that person and any party alleged to be the father of that person. The Court may at any time revoke a direction previously given by it under this paragraph.

3. Where a Court gives a direction under paragraph 2 of this article and any person fails to take any steps required of him for the purpose of giving effect to the direction, the Court may draw such inferences, if any, from that fact as appear proper in the circumstances.

4. The use of blood tests as provided in paragraphs 2 and 3 of this article shall also be available in all cases in which the descent of a person is in doubt.

ARTICLES 314 - 316

Repealed.

Matrimonial Causes Act. Schedule I. (1971 Ed.)

ARTICLE 317

If the husband dies before entering his objection, the heirs may contest the legitimacy of the child within two months from the time when that child is put in possession of the property of the husband or from the time when the possession of the heirs has been disturbed by the child.

ARTICLE 318

Repealed.

Matrimonial Causes Act. Schedule II. (1971 Ed.)

Chapter II

Proof of Descent of Legitimate Children

ARTICLE 319

The descent of legitimate children shall be proved by the acts of birth registered in the register of civil status.

ARTICLE 320

In the absence of such an act, the constant possession of the status of a legitimate child shall be sufficient.

ARTICLE 321

1. Possession of status may be established when there is a sufficient coincidence of facts indicating the relationship of descent and parenthood between a person and the family to which he claims to belong.

The principal facts are—

That that person has always borne the name of the father whose child he claims to be;

That the father has been treating him as his child and that, in his capacity as father, he has provided for his education, maintenance and start in life;

That he has always been recognised as a child of that father in society;

That he has been recognised as such by the family.

2. Natural descent may also be established by the possession of status, both as regards the father and the mother in the same manner as legitimate descent.

ARTICLE 322

No one may claim a status contrary to that which his act of birth confers upon him or to the possession of status corresponding to it.

Conversely, no one may contest the status of a person who has possession thereof corresponding to his act of birth.

ARTICLE 323

In the absence of an act of birth and possession of status, or if the child is registered under false names or as a child of unknown parents, proof of descent may be adduced by oral evidence.

Nevertheless, such evidence shall not be admissible unless there is writing providing initial proof or unless the presumptions or identifications arising from later facts of a permanent character, are sufficiently strong to warrant acceptance.

ARTICLE 324

The writing providing initial proof may consist of family documents of title, registers and family papers of the father or mother, public documents and even private documents emanating from one of the parties to the dispute, or from a deceased party that would have had an interest therein had he been alive.

ARTICLE 325

Proof of the contrary may be adduced by all the means tending to establish that the claimant is not the child of the mother he claims to be, or even, if the link of maternity be proved, that he is not the child of the husband of his mother.

ARTICLE 326

The Courts having civil or criminal jurisdiction shall have jurisdiction to decide claims relating to status.

ARTICLE 327

Repealed.

Civil Status Act. Schedule A.

ARTICLE 329

There shall be no prescription with regard to the right of a child to establish his status.

ARTICLE 329

Proceedings to establish status may not be brought by the heirs of the child unless he died while he was a minor or within five years from attaining majority.

ARTICLE 330

The heirs may continue such proceedings if they were started by the child, unless the latter formally stopped them, or unless he had failed to pursue such proceedings for three years as from the last procedural step taken.

Chapter III

Illegitimate Children

SECTION I

The Legitimation of Illegitimate Children

ARTICLE 331

1. Illegitimate children are legitimated by the subsequent marriage of their parents, whether their descent is legally established before or after such marriage. The fact of such legitimation shall be noted in the margin of the act of birth of the child so legitimated.

2. The provisions of paragraph 1 of this article shall also apply to illegitimate children born of parents whose subsequent marriage is authorised by the Chief Officer of Civil Status or the judge, as the case may be, agreeably with the provisions of sections 40, 45, 47(3) and 49(1) of the Civil Status Act, Cap. 34.

ARTICLE 332

Legitimation may take place after the death of a child; if it has left any issue, legitimation shall benefit such issue.

ARTICLE 333

Children legitimated by a subsequent marriage shall have the same rights as if born of such marriage.

SECTION II

The Recognition of Illegitimate Children and proof of their descent

ARTICLE 334

The recognition of an illegitimate child shall be made by an authentic document, if it has not been made in the act of birth.

It may also be made by a declaration signed or marked before a Judge, a Magistrate, a civil status officer or the Registrar of the Supreme Court. (Sch. 4/16/1982)

ARTICLE 335

Such recognition may take place for the benefit of all children, even if born of an incestuous or adulterous relationship.

ARTICLE 336

The recognition by the father without any reference to and an admission by the mother shall only have effect with regard to the father.

ARTICLE 337

A recognition made during marriage by one of the spouses in favour of an illegitimate child born to him and a person other than his spouse prior to his marriage shall not affect the rights of such spouse nor the rights of children born of the marriage, except as provided by this Code.

ARTICLE 338

The rights of an illegitimate child shall be assimilated in so far as possible with those of a legitimate child. The rights of succession of illegitimate children are regulated in the Title Succession.

ARTICLE 339

The recognition by a father or mother and all claims on the part of the child may be contested by all those having a lawful interest therein.

ARTICLE 340

1. It shall not be allowed to prove paternal descent, except—

(a) In cases of rape or abduction, provided that the time when the rape or abduction took place coincides with that of the conception.

(b) When an illegitimate child is in possession of status with regard to his natural father or mother as provided in Article 321.

(c) In cases of seduction, provided that the seduction was brought about by fraudulent means, by abuse of authority or promise of marriage.

(d) When there exist letters or other writings emanating from the alleged father containing an unequivocal admission of paternity.

(e) When the alleged father and the mother have notoriously lived together as husband and wife, during the period of conception.

(f) When the alleged father has provided for or contributed to the maintenance and education of the child in the capacity of father.

2. The right to prove paternal descent under this Article is for the benefit of the child alone, even if born of an incestuous or adulterous relationship.

3. An action under this Article may be brought—

(a) by the child’s mother, even if she is under age, or by his guardian, at any time during the child’s minority; or

(b) if action has not been brought under subparagraph (a), by the child within five years of his coming of age or within one year of the death of the alleged father whichever is the later.

4. A child whose paternal descent has been proved under this Article is entitled to bear his father’s name (in addition to a share in his father’s succession under the title Succession).

ARTICLE 341

Proof of maternal descent is allowed. A child who claims such descent shall be bound to prove the confinement of the mother and his identity with the child of whom she was delivered.

ARTICLE 342

Proof of maternal descent shall carry with it, without prejudice to any special stipulations, the obligation to maintain and educate the child.

TITLE VIII

ADOPTION

ARTICLES 343 - 360

Repealed.

Adoption Act. S. 23. (Cap. 87 1971 Ed.)

ARTICLES 361 - 370

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

TITLE IX

PARENTAL AUTHORITY IN RELATION TO THE CHILD AND HIS PROPERTY

ARTICLE 371

A child during his minority owes honour and respect to his father and mother.

ARTICLE 372

1. He shall remain under their authority until his majority or emancipation.

2. The authority of the parents shall be exercised in the interest of the child.

ARTICLE 373

Repealed.

Status of Married Women Act. Schedule I.

ARTICLE 374

A child shall not leave the parental home without permission from his parents until he reaches the age of eighteen.

ARTICLE 375

If the parents are unable to exercise any control over the child or young person they may apply to the Court for an order. The Court shall make such orders as it thinks fit in the circumstances, having regard to the interest of the child. The Court may also order that the parents should make an appropriate contribution to the maintenance of the child or young person; it may also give instructions regarding any property of the child.

ARTICLE 376

The Attorney-General may also at his discretion and in the interest of the child or young person bring such a person, being beyond control, before the Court for an order as in the preceding article.

The Attorney-General shall also have full powers to intervene in any proceedings before the Court relating to a child or young person, who is alleged to be beyond control.

ARTICLES 377 - 382

Repealed.

Civil Code of Seychelles Act, 1975. Fourth Schedule.

ARTICLE 383

The provisions of articles 375 and 376 shall apply to all parents having custody of their children, whether such children are legitimate or not.

ARTICLE 384

The father and mother during marriage, or, after the dissolution of the marriage the surviving spouse, shall have the enjoyment of the property of their children until they reach the age of eighteen, or until emancipation if this occurs earlier.

ARTICLE 385

The conditions of this enjoyment shall be—

1st Those that bind usufructuaries;

2nd The maintenance and education of the children in accordance with their standard of life;

3rd The payment of arrears or interest on capital;

4th The payment of funeral expenses and those of the last illness before death.

ARTICLE 386

A parent against whom a decree of divorce has been pronounced shall not have the enjoyment of his children’s property.

ARTICLE 387

This right shall not extend to the property which the children may acquire through work or skill, or to property granted or bequeathed on the express condition that the parents shall not enjoy it.

TITLE X

MINORITY, GUARDIANSHIP AND EMANCIPATION

Chapter I

Minority

ARTICLE 388

A minor is a person of either sex who has not yet reached the full age of eighteen.

Chapter II

Guardianship

SECTION I

The Guardianship of the Parents

ARTICLE 389

1. The father during marriage shall be the administrator of the property of his minor unemancipated children with the exception of such property as may have been given or bequeathed under the express condition that it be administered by a third party. He shall be accountable both for the property and the income from property which he is not entitled to enjoy; he shall be accountable for the property only if he is entitled to the usufruct of it.

2. If the father cannot act or if he is deprived of his administration, the mother shall have such administration with all the powers that the father previously enjoyed.

3. In case of divorce or judicial separation the administration shall be entrusted to the spouse who has the custody of the children, unless the Court orders otherwise.

4. An ad hoc administrator shall be appointed by the Court where there is a conflict of interests. The powers and duties of such a legal administrator are regulated by such laws as are enacted from time to time.

ARTICLE 390

After the dissolution of marriage caused by the death of either of the spouses, the guardianship of minor children who have not been emancipated shall belong as of right to the surviving spouse.

ARTICLE 391

Repealed.

Status of Married Women Act. Schedule I.

ARTICLE 392

A person entitled to appoint a guardian of minor children may do so—

1st by a last will;

2nd by a declaration made before a judge or before a notary.

ARTICLE 393

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 394

1. Illegitimate children shall have a guardian in the same manner as legitimate children. If the father and mother of the illegitimate child have both recognised the child, the Court may decide which of them shall become guardian. If only one of the parents has recognised his child he shall be his guardian.

2. If an illegitimate child has not been recognised he shall have his natural mother as a guardian as of right. The Court shall be entitled to grant the custody of a child to the mother, even if the father has recognised the child and acts as guardian.

3. If the illegitimate child has no parent, or if the latter is unable to act, the guardian of the child shall be appointed by the Court.

ARTICLES 395 - 396

Repealed.

Status of Married Woman Act. Schedule I.

SECTION II

The Guardianship Conferred upon Third Parties by the Parents

ARTICLE 397

A guardian appointed by the parents or the survivor of them may be a relative or a stranger.

ARTICLE 398

This right shall only be exercised in accordance with the forms provided in Article 392.

ARTICLES 399 - 400

Repealed.

Status of Married Women Act. Schedule I.

ARTICLE 401

The guardian appointed by the father or mother shall not be bound to accept the guardianship.

If the guardian who is appointed does not wish to act, the Court shall have authority either to compel him to act or to appoint another.

If no one is appointed, or in proceedings relating to the appointment of a guardian, the Attorney-General shall be entitled to intervene.

SECTION III

The Judicial Appointment of a Guardian

ARTICLE 402

When no guardian is appointed to a minor by his parents or the survivor of them, the guardian shall be appointed by the Court.

The Court shall have power to appoint any person or persons, having regard to the rights of paternal and maternal ascendants. Nevertheless the paramount consideration shall be the interest of the child.

If no one is appointed, the Attorney-General shall exercise the power conferred upon him by the preceding article.

ARTICLES 403 - 404

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

SECTION IV

The Functions of a Guardian

ARTICLES 405 - 416

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 417

If a minor has property abroad, the guardian may request the Court to appoint a co-guardian capable of dealing with such property.

Conversely, if a minor under guardianship resident outside Seychelles, has property in Seychelles, at the request of the interested parties, the Court may appoint a co-guardian.

Such a co-guardian shall be subject to the same rights and duties as a guardian of a minor in Seychelles. He shall also be subject to the full jurisdiction of the Supreme Court of Seychelles.

ARTICLE 418

The guardian in his capacity as such shall act and administer the property as from the day he enters into his functions, if he is a guardian as of right. If he is appointed by the Court, as from the date of his appointment if he is present, or if not, as from the day on which he is notified of his appointment.

ARTICLE 419

Guardianship is a personal function which is not transmissible to the heirs of a guardian. However, as heirs they shall be responsible for the day to day administration and other duties of the deceased guardian until a new guardian is appointed.

SECTION V

The Sub-Guardian

ARTICLE 420

When the interests of the guardian are in conflict with those of the minor, a sub-guardian shall be appointed by the Court. His duty shall be to protect the interests of the minor.

ARTICLE 421

He shall act only in relation to the issue or issues in respect of which there is a conflict of interests; when the conflict is resolved, he shall account to the Court for his administration.

The Court, at the conclusion of the hearing, shall be entitled, if it thinks fit, to grant a sub-guardian a complete discharge from his functions.

ARTICLE 422

A sub-guardian may also be appointed if a guardian is absent or otherwise incapacitated, and if no provision has been made for the minor or his property during that time.

The sub-guardian shall be liable to the minor for any damage which may occur in consequence of his neglect or omission to comply with his proper functions.

ARTICLES 423 - 426

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

SECTION VI

Exemption from Guardianship

ARTICLE 427

Pertain persons holding certain offices or subject to certain disabilities may be exempted from acting as guardians. Except in the case of disabilities, no one shall be deprived without good cause of his right to be a guardian of his own children.

ARTICLE 428

The following persons shall be exempt from being guardians—

Judges of the Supreme Court, the Attorney-General and other law officers; any officers of Court who are in a position to make decisions relating to issues before the Court; citizens holding a public office under which they may be called upon to make decisions with regard to the guardianship; military personnel on active service or citizens posted outside Seychelles.

ARTICLE 429

Persons who were capable of acting as guardians when appointed may apply to the Court to be released from their functions if they are subsequently appointed in any one of the cases enumerated in the preceding article. Such persons shall be released subject to the conditions imposed by the Court.

A person so released may apply to be appointed again, if he has resumed the status that allows him to be a guardian. The Court, however, shall have discretion to decide whether to accede to such request.

ARTICLE 430

Any person who is appointed by a Court as guardian may seek exemption. Such exemption may be granted by the Court for good reason.

ARTICLES 431 - 432

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 433

A person aged sixty-five or over may refuse to act as guardina. If appointed before that age, he may continue until he reaches the age of seventy or he may ask the Court to release him when he reaches the age of sixty-five.

ARTICLE 434

A person suffering from a severe infirmity, duly established, shall be exempted from guardianship. If the infirmity is subsequent to his appointment, he may be released.

ARTICLE 435

A person who is entrusted with the guardianship of two children shall be entitled to refuse the guardianship of a third child.

A person who, as husband or father, acts as a guardian shall not be compelled to accept the guardianship of another child, unless it be his own.

ARTICLE 436

Persons who have five legitimate children may be exempt from a guardianship other than that of the said children.

ARTICLE 437

The birth of children to the guardian in the course of his guardianship shall not be a ground of resignation therefrom.

ARTICLE 438

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 439

A guardian who does not want to accept his appointment shall communicate to the Court the reasons for his refusal. If he has valid grounds to refuse, the Court shall release him as from such date as the Court may decide. If the Court finds that he has no valid grounds he may be made to pay the costs of the proceedings.

Any person with an interest and the Attorney-General shall be entitled to be heard in such proceedings.

A person appointed guardian by a Court must act until formally released.

ARTICLES 440 - 441

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

SECTION VII

Incapacity, Exclusion and Removal from Guardianship

ARTICLE 442

The following persons shall not be guardians—

1st, Minors except the father or mother;

2nd, Interdicted or judicially assisted persons;

3rd, All those who are, or whose parents are, engaged in litigation with the minor, in which his status or property or part of his property are involved.

ARTICLE 443

Where any person convicted of an offence under any law is sentenced to a term of imprisonment exceeding five years, he shall cease to be eligible for appointment to the office of guardian, and if he holds such office, he shall forthwith be deprived thereof. He shall not be eligible to hold such office for a period of five years after the expiry of the sentence imposed.

In other cases the Court may, on the application of any interested party or the Attorney-General, order that any person sentenced to imprisonment shall be excluded from holding such office or, as the case may be, deprived thereof:

Provided that an application to deprive a person of such office shall be made within six months from the date of his conviction, and an application to exclude a person from holding such office shall be made within five years from the date of expiry of the sentence.

ARTICLE 444

The following persons shall be ineligible as guardians, or if appointed, they shall be liable to removal—

1st, Those whose misconduct is notorious;

2nd, Those whose guardianship has proved incompetent or dishonest.

ARTICLE 445

1. Any interested party or the Attorney-General may start proceedings for the removal of an incompetent or dishonest guardian.

2. A guardian whose conduct endangers the life or health of the minor may be removed upon an application of any interested party or the Attorney-General.

ARTICLE 446

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 447

The Court, in dealing with an application for the removal of a guardian, shall give an opportunity to the guardian to be heard if he objects to his removal.

A person so removed may be compelled to pay the costs of the proceedings.

The Court, if it decides to remove a guardian, shall give its reasons.

ARTICLE 448

In proceedings for the removal of a guardian, the Court shall have power to consider at the same time the appointment of another guardian.

ARTICLE 449

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

SECTION VIII

The Administration of Guardians

ARTICLE 450

1. The guardian shall have the care of the person of the minor and shall represent him in all legal acts.

He shall administer his property showing in this respect, reasonable care, and shall be liable for damages which may arise from his maladministration.

He shall neither buy the property of the minor nor take it on lease, nor shall he consent to the assignment of a right belonging to the pupil or bind the minor’s property to the payment of any sum.

2. Except when authorised by a Judge in chambers, the guardian shall only invest the minor’s funds in such stocks and securities as are mentioned in laws enacted from time to time.

Pending investment, the guardian shall deposit into a Savings Bank or the Treasury or a Bank approved by a Judge all the funds which are not required for the yearly expenses of a minor and for the administration of the minor’s property, and he shall owe interest on all funds not so deposited. He shall not withdraw the funds deposited, or any part thereof, without the authorisation of a Judge in chambers.

3. Provided that nothing in this article shall be construed as preventing a guardian from setting, up a fiduciary fund. However, in that case, the safeguards of the minor’s property contained in this Code shall be read into the notarial setting up such fund.

ARTICLE 451

Within ten days following the formal entry of the guardian into his functions, he shall apply for the removal of the seals affixed, if any, upon the property and proceed to draw up an inventory of the property of the minor, both of which shall take place in the presence of a notary.

If anything is due to him by the minor, he shall enter it into the inventory under penalty of forfeiture; the notary shall also ask him whether the minor owes anything to him; the declaration of the guardian shall be recorded in the report drawn up by the notary.

ARTICLE 452

1. In the three months following the drawing up of the inventory, the guardian shall sell by public auction, after due notices and publication which shall be recorded in the minutes of the sale, all the movables which cannot be used to maintain the minor as near as possible to the standard that he enjoyed before the need for guardianship arose. Property which is not sold shall be specifically listed in a separate record to be signed by the guardian and a notary.

2. No guardian shall, unless previously authorised by the Court, alienate any stock, share, interest or other incorporeal chattel or right of whatever nature belonging to a minor or to an interdicted person:

Provided that the authorisation of the Court shall not be required if the value of such property does not exceed 5,000 Rupees.

The Court may, on authorising the alienation, prescribe any measure which it may deem useful.

3. The guardian shall, within three months from his appointment to the guardianship, convert into nominative titles all titles to bearer belonging to a minor or to an interdicted person and the alienation of which has not been authorised by the Court. He shall also, within three months from the final attribution of the titles of the minor or from his (the guardian) coming into possession of the titles, convert into nominative titles all titles to bearer which may, in whatever manner, have accrued to a minor or to an interdicted person. It shall be lawful for the Court to extend the time within which the conversion is to be effected.

4. When by their nature or on account of any agreement it is impossible to convert titles to bearer into nominative titles, the guardian shall, within three months, obtain from the Court the authorisation to alienate the said titles subject to investment of the proceedings thereof or to keep them; and in the latter case, as well as in the case mentioned in the preceding paragraph, the Court shall have power to prescribe that the titles to bearer be deposited in the name of the minor or of the interdicted person at the registry of the Supreme Court or with some person or authorised institution specially designated by the Court.

The above period shall not interfere with the rights of third parties or with pre-existing agreements.

The Court shall order at the time when the authorisation to alienate (as provided in Article 450 paragraphs 2 and in paragraphs 2, 3 and 4 of this article) is granted that a statement, with supporting evidence, must be filed with the Supreme Court to the effect that the guardian has complied with his duties thereunder.

ARTICLE 453

As long as the father and mother have the personal and legal use of the property they are not bound to sell any movable furniture. If they decide to keep it, they shall return it in kind. In such case, they shall cause a proper valuation of such furniture to be made at their own expense by an expert, who shall be appointed by the Court and shall be sworn in by the Registrar of the Supreme Court. They shall pay the estimated value of all movables which they are unable to return in kind.

ARTICLE 454

Before a guardian other than a father or mother enters into his functions, the Court shall settle, on the basis of an estimate or a rough valuation of the property involved, the yearly expenditure of the minor as well as the expenditure of the administration of his property.

This may be done by the Court as part of the proceedings of nomination of a guardian.

The Court shall also specify whether the guardian shall be authorised to seek the assistance of one or more salaried administrators who shall act under the authority of the guardian

The Court may decide that the property be delivered to a Bank or other reputable financial institution in the form of a fiduciary fund.

ARTICLE 455

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 456

If the guardian has failed to invest within a reasonable time any sum which ought to have been invested, he shall owe interest on that sum.

ARTICLE 457

1. A guardian, even the father or mother of the child, shall not borrow money on behalf of the minor or sell or mortgage his property without the authorisation of the Court.

Such authorisation shall also be required for a compromise involving the property of the minor.

2. The provisions of Chapter III of the Immovable Property (Judicial sales) Act, Cap. 94, or of any other enactment applicable from time to time to judicial sales and relating to the sale of immovable property belonging to minors shall have application.

ARTICLE 458

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 459

1. The sale shall take place by public auction in the presence of the guardian. The bids shall be received by the Court or by a notary appointed for the purpose. The sale shall be preceded by public notices published in three consecutive weeks in the Gazette.

2. However, if it is an absolute necessity or a manifest advantage that the property be sold, it shall be lawful to sell the said property by notarial contract, provided that in the first instance such sale and the conditions thereof be sanctioned and approved by the Court. The guardian shall state his opinion as to the proposed sale and the Judge, if satisfied that such sale is in the interests of the minor, shall grant his authorisation.

ARTICLE 460

Article 457 shall not apply to a case where the Court orders the sale through the Court of property held by a fiduciary on behalf of co-owners whose shares have been converted into money claims.

ARTICLE 461

A guardian shall only be able to accept a succession consisting of movable property only on behalf of a minor, subject to the benefit of an inventory. He may accept such a succession without such benefit with the permission of the Court. If the succession contains immovable property the distribution shall be regulated by Section VII of Chapter V of Title II of Book III of this Code.

ARTICLE 462

Whenever a succession of movable property which has been repudiated on behalf of the minor has not been accepted by another person, the guardian may later revive the claim thereto. The claims may also be revived by the minor who has reached majority or who has been emancipated. But such succession may only be claimed in the state in which it happens to be when so reclaimed, and any sales and other transactions which have been legally effected while the inheritance was vacant, shall not be attacked.

ARTICLE 463

A guardian may freely accept a gift on behalf of the minor. It shall have the same effect as regards a minor as it has in regard to a person of full age.

ARTICLE 464

A guardian shall require no authorisation from any source to bring an action in respect of the right of the minor to immovable property.

However, he may only admit claims of other parties in respect of such rights within the terms of Article 457.

ARTICLE 465-467

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 468

When a minor under guardianship is alleged to be beyond control, the guardian shall apply to the Court in the same manner as the father or mother.

SECTION IX

Accounting Procedure for Guardians

ARTICLE 469

1. Every guardian shall be bound to account for his management when the guardianship ends.

2. A father or mother shall also be bound to give an account as provided by Article 389 of this Code. In so far as they have to render accounts the provisions of this Section of this Chapter shall apply to them also.

ARTICLE 470

Every guardian shall file in the registry of the Supreme Court annual statements of the account of his management. Such statements shall be drawn up, verified by affidavit and furnished free of all costs and duties.

Any person interested may inspect the statements so filed by the guardian with the permission of a Judge in chambers.

The Court or the Attorney-General may order a statement of account for any lesser period or for a specific transaction.

ARTICLE 471

The final account of the guardianship shall be delivered at the expense of the minor when he has reached majority or has been emancipated. The guardian shall advance the costs of same. The guardian shall be allowed all expenses properly incurred and the object of which was useful.

ARTICLE 472

An agreement between the guardian and the minor who has come of age shall be null if it has not been preceded by a statement of accounts and the handing over of the receipts thereof; the whole, evidenced by a written acknowledgement from the person to whom the account has to be rendered, at least ten days before the agreement.

ARTICLE 473

If there is a dispute as to the account, such dispute shall be dealt with and decided in the same manner as any other civil dispute.

ARTICLE 474

The balance due by the guardian shall bear interest without formal demand, and shall be calculated from the day of the closing of the accounts. The interest on what is due to the guardian by the minor only begins to run after the closing of the accounts, and from the day on which payment is demanded.

ARTICLE 475

An action by the minor against his guardian, relating to the guardianship, shall be barred five years after the minor has reached majority.

Chapter III

Emancipation

ARTICLE 476

A minor shall be emancipated as of right upon his marriage.

ARTICLE 477 - 479

Repealed

Age of majority Act. S. 3. Cap. 4.

ARTICLE 480

The account of the guardianship shall be rendered to the emancipated minor as provided by Section IX of Chapter II of this Title.

ARTICLE 481

The emancipated minor shall have full legal capacity in the same manner as a person of full age.

Nevertheless, with regard to marriage, he shall be subject to the rules that would have applied if he had not been emancipated.

ARTICLE 482

The emancipated minor shall cease to be under the authority of his father and mother. They shall no longer be liable by operation of law for any damage caused by the emancipated minor subsequent to his emancipation.

ARTICLES 483 - 486

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule. Cap. 33.

ARTICLE 487

The emancipated minor may engage in commerce as a person of full age if he has been specially authorised by the Court.

TITLE XI

MAJORITY, INTERDICTION AND THE PROTECTION OF SOME PERSONS OF FULL AGE

Chapter I

General Provisions

ARTICLE 488

Majority shall be attained at the full age of eighteen years. At that age persons shall have full legal capacity.

Chapter II

Interdiction

ARTICLE 489

A person of full age who is habitually feeble minded, insane or a lunatic, shall be interdicted, even if he has lucid intervals.

ARTICLE 490

1. Proceedings for interdiction shall be entered in the Supreme Court and shall be commenced by petition addressed to the Court.

2. Such proceedings may be entered by—

(a) any relative of the person whose interdiction is sought; or

(b) a spouse with regard to the other spouse; or

(c) the Attorney-General.

3. The petition shall set out briefly the material facts on which the application for interdiction is based.

4. The person whose interdiction is sought shall be made a respondent in the case, and the petition and such other process as the Court may direct shall be served on him.

ARTICLE 491

When the application for interdiction is not made at the instance of the Attorney-General, a copy of the petition shall be served on him and the matter shall be referred to him in accordance with the provisions of section 151 of the Seychelles Code of Civil Procedure (Cap. 213).

ARTICLE 492

The respondent may file a written answer.

ARTICLE 493

The Court may, in its entire discretion and at any stage of the proceedings before judgement—

(a) request the guardian to give his opinion on any matter which the Court thinks fit to refer to him;

(b) interrogate the respondent or cause the respondent to be interrogated by a person appointed by the Court;

(c) cause the respondent to be examined by one or more medical practitioners or officers and for that purpose shall have such powers and issue such orders as may be necessary for such examination to take place.

ARTICLE 494

The Court shall not be bound by any opinion expressed by the guardian.

ARTICLE 495

No judgement shall be vitiated or rendered invalid on account of any error, omission or irregularity in the proceedings arising from or depending upon the provisions of the three preceding articles unless such error, omission or irregularity has in fact occasioned a miscarriage of justice.

ARTICLE 496

Proceedings for interdiction shall take place in chambers unless the Court orders otherwise.

ARTICLE 497

At any time after a petition for interdiction has been filed the Court may appoint a person to act provisionally as guardian of the person and property of the respondent.

ARTICLE 498

1. The Court shall fix a date for the hearing of the case and the parties shall be summoned to attend. Where the hearing cannot be concluded in one day, the Court at its discretion may adjourn to the next or subsequent day and so on to any other day until the end of the hearing.

2. The provisions of sections 152 to 161 of the Seychelles Code of Civil Procedure (Cap. 213) shall apply mutatis mutandis to proceedings under these rules.

3. After considering the evidence (if any) adduced by the parties and such other relevant evidence which shall have been admitted by the Court, the Court shall give its judgement on the application for interdiction.

ARTICLE 498 - 1

The Chief Justice may, with the approval of the Minister, make rules for more effectively carrying out the provisions contained in this Chapter.

ARTICLE 499

If the Court rejects the request for interdiction, the Court shall, nevertheless, be empowered, if the circumstances require it, to order that the respondent shall no longer be allowed to compromise, borrow, receive any capital, or give receipts therefor, alienate or mortgage his property, without the assistance of a person, who shall be appointed in the same judgement.

ARTICLE 500

In the case of an appeal from the judgement of a Court of first instance, the Court of Appeal shall be empowered, at its discretion, to examine the person whose interdiction is requested or to have him examined by a person appointed for the purpose.

ARTICLE 501

A decree or judgement ordering interdiction or nominating a person to assist the interdicted person shall be issued, served upon the party and posted, within ten days, on the notice boards of Court rooms and notarial offices. It shall also be published in the Gazette.

ARTICLE 502

The interdiction or the appointment of a person to look after the interests of a person in need of such assistance under Article 499 shall have effect as from the day of judgement. All legal acts executed subsequently by the interdicted person or the person in need of protection, as provided by Article 499, shall be null by operation of law.

ARTICLE 503

Legal acts executed prior to the interdiction may be annulled if the ground of interdiction would have been obvious to a reasonable man at the time when the acts were executed.

ARTICLE 504

After the death of a person, the acts executed by him shall not be challenged on the ground of insanity unless the interdiction had been ordered before his death or unless the proof of insanity consists of the very act which is challenged.

ARTICLE 505

1. The Supreme Court may appoint a guardian to a person who is interdicted.

2. Such appointment may be made in the judgement of interdiction or at any time thereafter.

ARTICLE 506

1. A person who has been appointed a guardian may, with the consent of the Supreme Court or on giving six months’ written notice to the Supreme court, resign his guardianship.

2. The appointment of a guardian may be revoked by the Supreme Court.

ARTICLE 507

The Supreme Court may appoint a temporary sub-guardian to a person who is interdicted during the absence from Seychelles of the guardian.

ARTICLE 508

1. The appointment of a person to act provisionally as guardian under the provisions of Article 497 of this Code shall lapse on the appointment of a guardian under the provisions to Article 505 of this Code.

2. The provisional sub-guardian shall render accounts to the guardian.

ARTICLE 509

The interdicted person is assimilated to a minor, both in regard to his person and to his property; the laws relating to the guardianship of minors shall apply to the guardianship of interdicted persons.

ARTICLE 510

The income of an interdicted person shall, in principle, be employed to improve his condition and speed up his recovery. According to the nature of the disease and the amount of his property, the Court may decide whether he shall be treated in his home or placed in a mental home or even in a hospital.

ARTICLE 511

When the marriage of the child of an interdicted person is contemplated, any property settlements that may be made shall be subject to the approval of the Court which shall hear, in this respect, any submissions from the Attorney-General.

ARTICLE 512

The interdiction shall cease when the grounds which gave rise to it have disappeared; nevertheless, the lifting of the interdiction shall only be effective if the forms laid down for the interdiction are observed.

The interdicted person shall only be allowed to recover his rights after the judgement lifting the interdiction.

Chapter III

Curatorship

ARTICLE 513

Spend thrifts may be forbidden to engage in litigation, to compromise legal rights, to borrow, to receive any capital and to give a valid discharge therefor or to transfer or mortgage their property without the assistance of a curator appointed by the Court.

ARTICLE 514

The prohibition to perform legal acts without the assistance of a curator may be ordered at the instance of persons having a lawful interest to petition for interdiction; their petition shall be heard and decided upon in the same manner as an interdiction. Such prohibition shall only be lifted by following the same procedure and forms as for an interdiction.

ARTICLE 515

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

BOOK II

PROPERTY AND THE DIFFERENT KINDS OF OWNERSHIP

TITLE I

THE DIFFERENT KINDS OF PROPERTY

ARTICLE 516

All property shall be distinguished into movable or immovable.

Chapter I

Immovable Property

ARTICLE 517

Property is immovable either by its nature or by its destination or by reason of the purpose which it serves.

ARTICLE 518

Land and buildings are immovable by nature.

ARTICLE 519

Windmills or water-mills affixed upon pillars and forming part of the building, are also immovable by their nature.

ARTICLE 520

1. Similarly, crops still attached to their roots and fruit which has not yet been gathered are immovable.

2. As soon as the grains are severed and the fruit separated, they become movable even though not yet gathered.

3. If only part of the crop is severed, that part only becomes movable.

ARTICLE 521

Copse and forest trees regularly felled do not become movable except when so felled.

ARTICLE 522

Livestock, which the owner of land delivers to a farmer or a tenant on a share-basis for the purpose of cultivating the land, whether the value of such livestock has been taken into account or not, shall be held to be immovable for as long as it remains bound to the land by virtue of the contract.

Livestock leased to persons other than a farmer or a tenant on a share-basis in movable.

ARTICLE 523

Pipes which supply water to a house or other land are immovable and form part of the property to which they are attached.

ARTICLE 524

1. Movable objects, which the owner of property has provided for the use and exploitation of such property, shall be immovable by destination.

Thus, the following are immovable by destination, when they have been provided by the owner for the use and exploitation of the property;

Animals used for farming;

Agricultural implements;

Seeds given to farmers or profit sharing tenants;

Pigeons living in Pigeon-houses;

Wild rabbits;

Beehives;

Fish in ponds;

Arasses, boilers, stills, vats and casks;

Implements necessary for the exploitation of ironworks, paper-mills and other words;

Straw and manure.

Immovable by destination shall also be all movable objects which the owner has attached to the property as permanent fixtures.

2. Animals which are not essential for the exploitation of the property, or animals which are only used for reproduction or to provide manure are not immovable.

3. Immovable by destination shall also be;

The equipment and machinery necessary for the exploitation of the property, such as the equipment of a hotel or a restaurant;

A refrigerating unit or sanitary equipment which has been fixed in the structure, even though it can be removed without causing damage to such structure.

ARTICLE 525

1. The owner shall be held to have fixed to the property as permanent fixtures movable objects which are embedded in plaster or lime or cement, or which cannot be removed without breakage or deterioration or without breaking or damaging that part of the property to which they are fixed.

Mirrors fixed in a flat are held to have been permanently fixed when the wall on which they are fixed forms part of the woodwork.

The same shall apply with regard to pictures and other ornaments.

As regards statues, they shall be immovable if placed in a recess expressly made to receive them, notwithstanding the fact that they can be removed without breakage or deterioration

2. Provided that in the case of ornaments and other works of art which can be removed without causing damage, they shall be held to be immovable only if it can be clearly shown that the owner had intended them to be part of the structure of the building.

ARTICLE 526

Immovable by reason of the purpose to which they apply are:

A usufruct relating to immovable property;

Easements;

Actions to recover immovable property.

Chapter II

Movable Property

ARTICLE 527

Property is movable by nature or by reason of a provision of the law.

ARTICLE 528

Movable by their nature are things which can move from one place to another, either by their own accord, such as animals, or as a result of the use of extraneous force, such as inanimate things.

ARTICLE 529

Movable by reason of a provision in the law shall be the legal obligations and actions which relate to claims for sums due or to chattels or the shares of or interest in financial, commercial and industrial undertakings even though such undertakings own the immovable property which they control. Such shares or interests shall be deemed to be movable only with regard to each shareholder and for as long as the company remains in existence.

Movable by reason of a provision in the law shall also be bonds or life annuities, whether issued by a public authority or by an individual.

ARTICLE 530

An annuity established in perpetuity which represents the price of the sale of an immovable, or is a condition for the transfer, gratuitously or for value, of immovable property, shall be redeemable.

Nevertheless, the creditor shall be free to determine the terms and conditions of the redemption.

He may also stipulate that the annuity shall not be redeemable before a certain term, which in no circumstances shall exceed thirty years; any provision to the contrary shall be null.

ARTICLE 531

Ships, ferry-boats, vessels, floating mills, floating docks, and, generally, all machinery not affixed upon pillars and not forming part of a building, shall be movable: distraint, however, of some of these objects because of their importance may be subject to special forms as provided by law.

ARTICLE 532

Materials from the demolition of a building, or gathered for the erection of another, are movable until used by the workers in a structure.

ARTICLE 533

The word movable used on its own in statutory provisions, or in a private document, without any other additions or designation, shall not include cash, precious stones, debts due, books, medals, scientific instruments, professional or trade tools, clothes, horses, vehicles, arms, grains, wines, hay and other produce; neither shall it include anything which forms part of the stock in trade.

ARTICLE 534

The words movable furniture shall only include furniture for the use and decoration of flats, such as tapestry, bedding, chairs, mirrors, clocks, china and other suchlike objects.

Pictures and statues, which form part of the furniture of a flat shall also be included. Picture collections which could be displayed in picture galleries or exhibition rooms shall be excluded.

The same rule shall apply to china; only china that forms part of the decoration of a flat shall be included under the term ‘movable furniture’.

ARTICLE 535

The terms movable property, furniture or movable effects shall generally include all objects that are defined as movable by the aforementioned rules.

The sale or the gift of a furnished house shall only include the movable furniture therein.

ARTICLE 536

The sale or the gift of a house with all that it contains, shall not include cash, nor shall it include any debts due or other rights, the documents of title of which may have been kept in the house; all other movable effects shall be included.

Chapter III

Property in Relation to its Owners

ARTICLE 537

1. Persons shall enjoy the free-right to dispose of the property which belongs to them, subject to the restrictions laid down by law.

Property which is not owned by private persons must be managed in the manner and according to the rules which apply to such property specially; and such property can only be alienated in the manner and in accordance with the rules peculiar thereto.

2. A clause restricting the right of disposal of immovable property or of a right attached to immovable property shall be valid. However, such a restriction shall be subject to two conditions: (a) that there is a serious reason for the imposition of such restriction; and (b) that it shall only be binding upon the transferee during his lifetime.

3. The Court shall be empowered to delete such a restriction if it is satisfied that it is just to do so.

ARTICLE 538

All roads, public highways and streets kept up by a public authority, rivers, streams and springs, the foreshore and banks, beaches which have been gained from the sea and which have been left permanently high and dry, ports, harbours, anchorages and generally all parts of Seychelles which are not capable of being private property, shall be held to be part of the public domain.

ARTICLE 539

All property which becomes vacant and without an owner, or the property of deceased persons who have left no heirs or whose inheritance is abandoned, shall belong to the Republic. (SI. 72/1976)

ARTICLE 540

1. Property described in articles 538 and 541 by way of example as belonging to the public domain or so described in any other law or Act shall be inalienable except in the manner provided by such Act and other Instruments as are from time to time enacted.

2. Notwithstanding the provisions of paragraph 1 of this article, where a Government body, in the exercise of its lawful authority, purports to issue an order or licence dealing with any property where it may be a matter of interpretation of the examples cited in articles 538,and 541 of this Code whether it belongs to the public or the private domain, such order or licence shall have the effect of converting such property into public or private domain as intended by the said licence or order.

3. It shall be a complete answer for any person or body exercising any rights under a licence or order as provided by paragraph 2 of this article that he did so under the authority and in pursuance of the said licence or order, notwithstanding any doubt arising from the wording of any of the aforementioned articles of this Code.

ARTICLE 541

1. Gates, walls, moats, ramparts of battlefields and fortresses shall also belong to the public domain.

2. Land upon which fortifications and ramparts, have been erected shall also belong to the public domain, although these are no longer used for military purposes: it shall belong to the Republic if it has not been lawfully transferred or if the Republic has not lost its rights of ownership by the operation of the rules of prescription. (SI. 72/1976)

ARTICLE 542

Repealed.

Civil Code of Seychelles Act, 1975, Fourth Schedule.

ARTICLE 543

Property shall be subject to rights of ownership or to a simple right of enjoyment or to a claim to the benefit of easements thereon,

A term of years (lease) which has been registered according to such laws as are enacted from time to time shall confer a real right of ownership in land limited in time. As such it may be mortgaged. The person entitled to a term of years shall have the protection of the possessory actions. However, he shall not prescribe.

TITLE II

OWNERSHIP

ARTICLE 544

Ownership is the widest right to enjoy and dispose freely of things to the exclusion of others, provided that no use is made of them which is contrary to any laws or regulations.

ARTICLE 545

No one may be forced to part with his property except for a public purpose and in return for fair compensation. The purposes of acquisition and the manner of compensation shall be determined by such laws as may from time to time be enacted.

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