Personalite Juridique

• Legal Personality


  The legal capacity of an individual or entity to have rights and obligations.
• Termination of Legal Personality

  Legal personality generally ceases upon death.
• La Naissance de la Personnalité Juridique

  - Birth and Legal Personality: In Mauritius, legal personality generally begins at birth.

  - Rights of the Unborn Child: Certain rights are recognized for unborn children, with the condition that they are born alive and viable.
• Legal Conception Period:


  The legal period of conception is considered to be 121 days.
• Déclaration de l'enfant

  - Registration Deadline: Generally, parents must declare their child's birth to the civil registry within 45 days of birth (Section 12 of the Civil Status Act)

  - This obligation applies even to stillborn babies after 7 months of gestation.

  - Responsibility for Declaration: The primary responsibility for declaring a birth falls on the parents.
• Exception to Declaration of Birth:

  - Children born aboard a Mauritian ship or airplane (Section 15 of the Civil Status Act)

  - Abandoned newborns (Section 17 of the Civil Status Act)
• Declaration Formalities:

  - Unmarried parents must submit a joint declaration

  - Supporting documents, such as a birth certificate from the attending medical professional, may be required
• Penalties for Non-Declaration:

  - Failure to declare a newborn can result in penalties, such as fines.
• La Fin de la Personnalité Juridique ( 3 Ways)

  - Death

  - Absence (Art. 112-121)

  - Disappearance (Art. 133-142)
• La Mort

  - Death Certification: Medical confirmation of death is mandatory (Section 38 of the Civil Status Act).

  - Declaration of Death: A declaration must be made to the civil status officer of the district within 4 hours of death.
• La Mort (Special Cases)

  - Death in Prison, Police Station, Orphanage, or Institution: The institution's head must report the death.

  - Death on a Ship or Airplane: The captain or pilot must report the death to the nearest Mauritian port or airport authority.

  - Violent Death: The police must be notified and may conduct an investigation.
• Consequences of Death


  - Legal personality ceases to exist.

  - The deceased's estate passes to their heirs or beneficiaries

  - Certain legal obligations and rights may continue after death, such as ongoing contracts or child support payments.
• L'Absence (Art. 112-121)


  Presumption of absence is a legal mechanism to address the situation of an individual who has disappeared and whose whereabouts are unknown
• Lapse of Time

  - One Year: If the person has left their domicile residence with the intention of establishing a new domicile elsewhere but has not been heard from for one year, their absence can be presumed.

  - Two Years: If the person has disappeared from their domicile or habitual residence and has not been heard from for two years, their absence can be presumed.
• Legal Consequences of Presumed Absence

  - Appointment of an Administrator: The court may appoint a person to manage the absent individual's property and assets.

  - Declaration of Absence: After five years from the presumption of absence, the court can declare the individual absent upon a request from interested parties or the Attorney General.
• Nullity of Request:

  If the absent person reappears or their death is established before the declaration is issued, the request is considered null and void (Article 126).
• Opposition Period

  Interested parties have 21 days from the publication to file an opposition (Article 128).
• Legal Effects of Declaration of Absence

  - The declaration of absence produces the same legal effects as death (Article 131).

  - The presumed absentee's civil marriage is dissolved.

  - Their estate may be distributed to their heirs.

  - Their personal and professional relationships may be terminated.
• La Disparition (Art 133-142)


  - A person can be legally declared deceased if they have disappeared under circumstances that put their life in danger, and their body cannot be found.
• Conditions for Presumed Death


  - The disappearance must have occurred in Mauritius or abroad.

  - The circumstances surrounding the disappearance must indicate a significant risk to the individual's life.

  - The body must not have been recovered.
• Caselaw: Ex Parte Ministere Publique [1992 SCJ 283]


  The Ministère Public applied for a judicial declaration of death for the three individuals under Article 133 of the Code Napoléon, which allows for the judicial declaration of death of any Mauritian citizen who has disappeared in circumstances putting their life in danger and whose body has not been found. The court considered the circumstances of the disappearance and the last known information about the vessel and its occupants.