Business law in Benin

Legal Framework

Independence of Justice

Although the constitution provides for an independent judiciary, the courts are inefficient and susceptible to corruption. The process of nominating and promoting judges lacks transparency (especially after the decision of President Talon to appoint his personal lawyer as president of the Constitutional Court). According to Freedom House, lack of resources contributes to often lengthy pretrial detentions, with arbitrary arrest and detention carried on by the police.
Transparency International’s 2016 assessment revealed that the national integrity system of Benin was weak overall, with the judiciary identified as the weakest of the thirteen public and private sector institutions assessed.

Equal Treatment of Nationals and Foreigners

The constitution prohibits discrimination based on race, gender, and disability, but not sexual orientation. In general, foreigners can expect a fair trial.

The Language of Justice

French

Recourse to an Interpreter

It is possible to have an interpreter in Benin.

Sources of the Law and Legal Similarities

The legal system of Benin is influenced by the French system, although traditional local customary laws have still an important role (however, most of these customs have been included into codes and written laws). The main source of the law is the constitution, although the country is also a member of the West African Economic and Monetary Union (WAEMU) and the Organisation for the Harmonization of Corporate Law in Africa (OHADA), whose regulations are implemented in the country.

Checking National Laws Online

Library of the Congress
Droit Afrique - Benin