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Jurisdiction · Indian Ocean

Law in the
Comoros

The only Indian Ocean state in OHADA, the Union of the Comoros combines national law in which civil-law codified law, Islamic law and customary law coexist, uniform OHADA law and the commitments of COMESA and SADC. This page sets out how they fit together, and which prevails in case of conflict.

Select an organization to see its members, or display overlaps with the Comoros. The map challenge offers six legal geography questions. The map is in French.

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Key facts

Capital
Moroni
Official languages
Comorian, French and Arabic
Legal tradition
Civil-law codified law, Islamic law and customary law
Constitution
Amended by referendum in 2018
Business law
OHADA, member state
Highest court
Supreme Court
Currency
Comorian franc (KMF), issued by the Central Bank of the Comoros
Regional organizations
6, including the AU and AfCFTA

The Comoros at the crossroads of regional organizations

A member of six organizations, the Comoros is subject to complementary legal regimes: uniform business law (OHADA), common market (COMESA), integration through protocols (SADC) and island cooperation (Indian Ocean Commission).

OHADA

member state

Organization for the Harmonization of Business Law in Africa

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Seat
Yaoundé (Permanent Secretariat) · 17 Member states
Regulatory approach
Uniform Acts directly applicable without transposition: companies, securities, debt recovery, insolvency, arbitration, general commercial law.
Effect in Comorian law
Supranationality: Uniform Acts apply notwithstanding any conflicting provision of domestic law, whether earlier or later (Treaty, art. 10).
Court
CCJA (Abidjan): court of cassation for the application of Uniform Acts, in place of the Supreme Court of the Comoros.
Legal data stakes
Foundation of the LegOmnia database under construction: CCJA case law and Comorian decisions applying the Uniform Acts.

COMESA

member state

Common Market for Eastern and Southern Africa

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Seat
Lusaka · 21 Member states
Regulatory approach
Free trade area and community regulations, including regional merger control by the Competition Commission.
Effect in Comorian law
Competition regulations apply to cross-border transactions involving member states.
Court
COMESA Court of Justice.
Legal data stakes
Decisions of the Competition Commission and the Court, useful for cross-border transactions.

SADC

member (since 2017)

Southern African Development Community

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Seat
Gaborone · 16 Member states
Regulatory approach
Integration through sector protocols (trade, finance and investment, energy…), each subject to ratification.
Effect in Comorian law
Effect depends on the ratification of each protocol and its incorporation into domestic law.
Court
SADC Tribunal suspended since 2010.
Legal data stakes
Mapping of ratified protocols and their national implementing texts.

AU

founding member of the OAU (1963)

African Union

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Seat
Addis Ababa · 55 Member states
Regulatory approach
Constitutive Act and continental conventions (human rights, cybersecurity, data protection), applicable after signature and ratification.
Effect in Comorian law
Ratified and published conventions prevail over statutes (Constitution), subject to reciprocity.
Court
African Court on Human and Peoples' Rights (Arusha), within the limits of the ratified protocols.
Legal data stakes
Reference for continental standards, notably on personal data protection.

AfCFTA

State party to the Agreement

African Continental Free Trade Area

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Seat
Accra (Secretariat) · 54 Member states
Regulatory approach
Framework agreement and protocols: goods, services, investment, competition, intellectual property, digital trade.
Effect in Comorian law
In case of conflict with a regional agreement, the Agreement prevails, except between states that have achieved deeper integration (art. 19).
Court
State-to-state dispute settlement mechanism modelled on the WTO.
Legal data stakes
Monitoring of trade commitments and national implementing texts.

IOC

member state

Indian Ocean Commission

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Seat
Ebene (Mauritius) · 5 Member states
Regulatory approach
Cooperation between island states of the south-western Indian Ocean: environment, maritime security, health, blue economy.
Effect in Comorian law
Cooperation agreements subject to the general treaty regime (Constitution).
Court
No community court.
Legal data stakes
Regional island cooperation texts.

Common pitfalls: the Comoros is not a member

  • WAEMU / CEMAC : The two CFA franc monetary unions. The Comoros is not a member of either: the Comorian franc, issued by the Central Bank of the Comoros, is a separate currency.
  • EAC : East African Community, a customs union on the neighbouring mainland. The Comoros is not a member.
  • ECCAS : Economic Community of Central African States. No effect in the Comoros, but its OHADA members produce relevant case law.

Which norm prevails?

The Comorian legal order has five levels. OHADA law holds a special place: directly applicable, it prevails even over a later statute.

  1. Level 1 · supreme norm

    Constitution

    The Constitution, amended by referendum in 2018, sits at the top of the legal order.

    Legal basis : ConstitutionGuardian : Supreme Court (constitutional section)

  2. Level 2 · supranational

    OHADA law

    Uniform Acts are directly applicable and binding, notwithstanding any conflicting provision of domestic law, whether earlier or later. No transposition is needed.

    Legal basis : OHADA Treaty, art. 10Guardian : CCJA, court of cassation (art. 14), enforceable judgments (art. 20)

  3. Level 3 · treaties

    Ratified treaties and agreements

    AU, AfCFTA, COMESA, SADC, IOC: duly ratified and published treaties prevail over statutes.

    Legal basis : Constitution, provisions on treatiesGuardian : National and community courts

  4. Level 4 · legislative

    Statutes and ordinances

    Organic laws, ordinary laws and ordinances. They must comply with the Constitution and yield to ratified treaties and OHADA law.

    Legal basis : Constitution, scope of statute lawGuardian : Supreme Court, ordinary courts

  5. Level 5 · regulatory

    Decrees, orders, acts of the autonomous islands

    Acts of the Union executive and of the autonomous islands, adopted in compliance with statutes. An unlawful regulatory act can be annulled.

    Legal basis : Principle of legalityGuardian : Administrative courts, Supreme Court

What about case law? It does not appear in the pyramid, but it shows how each level applies in practice. That is precisely the body of law LegOmnia is working to structure and make accessible.

Test your knowledge

Two interactive exercises: resolve real conflicts between norms, then check what you know about the Comoros' regional integration.

The norms referee

Score : 0

Case 1/6

A later Comorian statute adds a formality for transferring company shares, contrary to the Uniform Act on commercial companies.

Which norm or court prevails?

Quiz: regional integration

Score : 0

Question 1/15

What is the currency of the Comoros?

Frequently asked questions about Comorian law

Does the Comoros use the CFA franc?

No. The Comoros uses the Comorian franc (KMF), issued by the Central Bank of the Comoros. It is not a member of WAEMU or CEMAC, the two CFA franc monetary unions.

Does OHADA law apply in the Comoros?

Yes. The Comoros is a member of OHADA. The Uniform Acts are directly applicable there without transposition, notwithstanding any conflicting provision of domestic law, whether earlier or later (OHADA Treaty, art. 10).

Which court rules in cassation on OHADA law?

The Common Court of Justice and Arbitration (CCJA), based in Abidjan. It rules in cassation on the application of the Uniform Acts, in place of the Supreme Court of the Comoros (Treaty, art. 14), and its judgments are enforceable in all member states (art. 20).

How do OHADA, COMESA and SADC fit together in the Comoros?

OHADA harmonises business law (companies, securities, debt recovery, arbitration), while COMESA and SADC deal with trade and economic integration. COMESA notably operates regional merger control; SADC protocols apply after ratification.

Which regional organizations does the Comoros belong to?

The Comoros is a member of six organizations: the African Union, the AfCFTA, OHADA, COMESA, SADC and the Indian Ocean Commission. It is not a member of WAEMU, CEMAC or the EAC.

Where does LegOmnia stand on Comorian law?

This is one of our priority jurisdictions and its integration is under way. We are building coverage step by step: OHADA law, shared by the 17 member states, is the foundation, progressively enriched with texts and case law specific to Comorian law. People on the waitlist will be the first to hear about each new milestone. OmniScan can already be deployed there today to digitise and index legal document collections.

Comorian law, soon at your fingertips

Join the waitlist to be among the first to access LegOmnia legal research on the Comoros and the OHADA area.

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Educational summary; it does not constitute legal advice. References: Constitution of the Union of the Comoros, OHADA Treaty (arts. 10, 14, 20, 25), AfCFTA Agreement (art. 19). Memberships as of October 2026.