Information about the Mauritian Legal System
The Mauritian legal system is quite unique in that it draws legal principles from the civil law as well as the common law traditions. Its legal procedure derives mainly from the English legal system, while its substantive law largely results from a Civil Code based on the French Napoleon Code of 1804. However, some of its specialised areas are more easily comparable to the laws of various different countries. For instance, our company law is now practically identical in certain aspects to the law applicable in New Zealand. Indeed, legal issues are often resolved by the courts not only by drawing from current legislation and the local legal tradition but also by means of a comparative approach between solutions emanating from various legal systems in order to find what is best suited.
Mauritian lawyers include barristers, attorneys / solicitors (“avoués”) and notaries. Litigation before the courts generally requires the involvement of both a barrister and a solicitor. In contrast with the United Kingdom however, it is more often the case than not, in practice, that the client first contacts the barrister for general legal advice, following which an appropriate solicitor is instructed to commence the legal proceedings where the barrister will argue his case. Members of chambers work with many notaries and solicitors specialised in various fields.
Clients are represented by their barristers in arbitration, mediation and other alternative means of resolving disputes, which are increasingly being used in certain fields of practice. Barristers also assist on non-contentious work including the negotiation and drafting of contracts, legislative and regulatory drafting, advice on transactions or projects, expert evidence on specific areas of law.