Law and Compliance in Tunisia
- 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.
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|
Find Legal Experts in Tunisia on GlobalTrade.net.
|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)
- 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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