Contract Law in Madagascar


Contract Law in Madagascar is essentially governed by the provisions of the French Civil Code prior to 1960 (the « Civil Code« ), and by Law No 66-003 of 2 July 1966 on the general theory of the law of obligations (the « LTGO« ), enacted after the independence of Madagascar.

The general theory of the law of obligations under Malagasy law finds its sources in the LTGO but also in the articles of the Civil Code (in particular, Articles 1101 to 1141), for their provisions which are not contrary to the LTGO.

Special contracts (« contrats spéciaux« ), such as the sale and exchange agreements, the loan agreement, the lease agreement, the partnership agreement, the deposit or escrow agreement, the mandate, the compromise, or the random contracts, remain governed by the provisions of the Civil Code, for its provisions not contrary to the LTGO.


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Law No 66-003 of 2 July 1966 on the general theory of the law of obligations (French version)
Civil Code prior to 1960 – Contractual obligations in general (French version)
Civil Code prior to 1960 – Special contracts – Sale and exchange agreement (French version)
Civil Code prior to 1960 – Special contracts – Loan agreement (French version)
Civil Code prior to 1960 – Special contracts – Lease agreement (French version)
Civil Code prior to 1960 – Special contracts – Partnership agreement (French version)
Civil Code prior to 1960 – Special contracts – Deposit or escrow agreement (French version)
Civil Code prior to 1960 – Special contracts – The mandate (French version)
Civil Code prior to 1960 – Special contracts – The compromise (French version)
Civil Code prior to 1960 – Special contracts – The random contracts (French version)