Law and Compliance in Tunisia

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Business Contract

General Observation
You must define precisely the seller's obligations and the methods of quality control.
Law Applicable to the Contract
You must be particularly vigilant about the law applicable to contracts and the methods of conflict resolution. Tunisia is a signatory to the Vienna Convention on international contracts. The Tunisian legal system is complex. It is not easy for a foreigner to understand Tunisian administrative law, so it is recommended that international laws be used or an arbitration system be called on.
Advisable Incoterms
It is preferable to choose an incoterm FOB or CIF. Avoid EXW, if you do not want to have to take care of the transport in Tunisia which can be complicated.
Language of Domestic Contract
In Arabic or in French.
Other Laws Which Can Be Used in Domestic Contracts
If Tunisian law is not used, the law of the other contracting party must be chosen.

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Legal Framework of Business

Equity of Judgments

Independence of Justice
Equal Treatment of Nationals and Foreigners
The Language of Justice
Recourse to an Interpreter
Legal Similarities
Tunisian law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by Tunisia.It is largely inspired by French law but also Islamic law.

The Different Legal Codes

Accounting regulations The law of 31 December 1996 with the decrees on company accounting
Contract and property law Code of obligations and contracts
Customs law Code of Customs law
Consumer law Law on prices and law on competition
Company law Code of commercial law and Code of taxes
Labor law Labor Code
Investment law Code of incitement to invest, Commercial code, Code of taxes and Company code
Checking National Laws Online
The Ministry of Justice
Jurisite Tunisie

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The Jurisdictions

Disputes with the State, the Administration, local administration concerning their decisions Tribunal administratif (Administrative Tribunal)
Cours d’Appel Administrative (Administrative Court of Appeal)
Conseil d’Etat (Council of State)
Disputes relative to work contracts, disputes between employers and employees Conseil des Prud’hommes (Industrial Tribunal)
Commercial disputes Tribunal de Commerce (Commercial Tribunal)
Cours d’Appel (Court of Appeal)
Cours de Cassation – Section Commerciale (Supreme Court of Appeal - Commercial Section)
Third party liability and insurance, civil status of persons, real estate Tribunal d’Instance (Magistrate's Court)
Criminal liability (bankruptcy, misappropriation of funds, complicity, etc.) Tribunal de Police (contraventions) (Police Court) (fines)
Tribunal Correctionnel (délits) (Court of summary jurisdiction) (offences)
Cour d’assises (crimes) (Court of Assizes) (crimes)
Cours d’Appel annuaire des juridictions (Court of Appeal directory of jurisdictions)
Cours de Cassation – Section Criminelle (Supreme Court of Appeal - Criminal Section)

Court Officials

Avocat (Lawyer/Barrister)
The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense.
Expert judiciaire (Legal expert)
A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case.
Huissier de justice (Bailiff)
He is a legal officer responsible for serving legal process and for enforcing court decisions.
Juge (Judge)
He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
Procureur de la république (State prosecutor)
He is a magistrate who represents the Prosecution in the county court ( tribunal de grande instance).
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