Civil Code revision going on well |06 September 2013

The revision of the Civil Code is proceeding apace and public suggestions about any ideas for revision on any topic are welcomed.

A committee under the chairmanship of Justice Mathilda Twomey of the Court of Appeal has been taxed with reviewing the Civil Code and making proposals for its revision and updating. The project started earlier this year.

The committee comprises lawyers and judges practicing in Seychelles, helped by a professor of comparative law from New Zealand. The Attorney General, judges, other legal practitioners and stakeholders have joined the plenary sessions.

The Civil Code, which is the backbone of the civil law, became the law of Seychelles when the country was still a French territory in the early 19th century. It has remained the major source of the civil law since. The first comprehensive revision of the Code was in 1976 when it was translated from French into English and some modifications made. However, the rapid development of the country since independence, coupled with the enactment of other laws which did not always marry well with the Code, has meant that a comprehensive reworking of the Code has become necessary.

Meeting over the last two weeks, the revision committee has been working systematically through the first part of the Code, that concerning persons, and has completed the review of that part. This deals with such things as marriage, adoption and guardianship.

Among sensitive subjects which were reviewed are the concept of common-law marriage, or en-ménage relationships as they are called in Seychelles, and whether to maintain the distinction between legitimate and illegitimate children. At its next meeting in December, the committee will be tackling the second part of the Code, dealing with property.

In between plenary meetings of the committee work continues. The committee members exchange ideas and proposals for reform. These are then condensed into a paper for discussion at plenary meetings.

In that light, the committee renews its appeal for public suggestions about any ideas for revision on any topic. No idea or suggestion is unimportant. All will be considered.

 Contributed