Proving a contract or payment in Mali: writing required above 50,000 CFA francs, witnesses, admission and oath
The rules of civil evidence in Mali under the 1987 General Law of Obligations: burden of proof, writing required above 50,000 CFA francs, authentic or private deed, the 'bon pour' note, witnesses, presumptions, admission, decisive and supplementary oaths.
A loan between friends, an order placed by message, rent paid hand to hand: when a disagreement comes, the question is no longer "who is right?" but "who can prove it?". In Mali the rules are in Title V of the General Law of Obligations (1987), articles 262 to 304. Here is what they require, before you sign or pay.
Please note: these are the general rules of evidence in civil matters. Procedure before the courts falls under the code of civil procedure (article 283). In a dispute, get a lawyer's help.
Key points (text checked on 19 October 2026)
- Whoever claims performance of an obligation must prove it exists; whoever says they were released must prove payment or the fact that extinguished it (article 262).
- Any agreement whose subject exceeds 50,000 CFA francs must be made before a notary or by private signed deed; witness evidence is then not admitted, even against the content of the deed (article 267).
- In commercial matters, evidence of legal acts is free (article 266).
- Good faith is always presumed: whoever alleges bad faith must prove it (article 264).
Who must prove what
| Situation | Rule |
|---|---|
| Creditor | proves the existence of the obligation they claim (article 262) |
| Debtor who says they are released | proves payment or the fact that extinguished their obligation (article 262) |
| Legal presumption | whoever establishes the facts to which the law attaches a presumption is excused from proving the rest (article 263) |
| Good faith | always presumed (article 264) |
The only accepted means of proof are writing, testimony, presumption, admission and oath (article 265). All may be used to prove legal facts (an accident, for instance); for legal acts, evidence is free in commercial matters (article 266).
Writing: the 50,000 CFA franc rule
| Point | Rule (articles 267 to 269) |
|---|---|
| Threshold | any agreement whose subject exceeds 50,000 CFA francs must be recorded in a notarial deed or a private signed deed |
| Witnesses | no witness evidence against or beyond the content of deeds, even for less than 50,000 CFA francs |
| Exception | when the creditor was unable to obtain or produce written proof |
| Start of written proof | witnesses and presumptions become admissible again; this is any writing that makes the alleged fact plausible and comes from the person it is used against, their author or their representative. A party's statements at a personal appearance ordered by the judge, or their refusal to answer or appear, are treated the same way |
Takeaway: for a loan, sale or service above 50,000 CFA francs, put it in writing. A transfer or receipt alone does not always establish the terms of an agreement; see paying a debt and getting a receipt.
The authentic deed
It is received by a public officer competent where the deed is made, in the forms required by law. Failing that, it counts as a private signed deed if the parties signed it (article 270). It is full proof of the agreement between the parties and their heirs; for what the public officer did or noted personally, it is proof for everyone until challenged as forged; for the rest, until proof to the contrary (article 271).
The private signed deed
| Requirement | Rule |
|---|---|
| Free form | drafted by the parties or a third party, by hand, typed or printed, in French, a foreign language or a national language (article 272) |
| Translation | if a party does not speak the language of the deed, a translation must follow, in their language (article 273) |
| Illiterate party | they are assisted by two literate witnesses who certify their identity, presence and that the nature and effects of the deed were explained (article 274) |
| Two-party contract | as many originals as there are parties with a distinct interest, stating how many were made (article 275) |
| Unilateral undertaking | written entirely by the hand of its author, or signed with the words "bon pour" or "approuvé" and the sum in words and figures; if they differ, the sum in words prevails (article 276) |
| Evidential force | acknowledged by the person it is used against, or declared genuine by the judge, it is proof of its content for everyone until proof to the contrary (article 277) |
| Date | proves its date between the parties; against third parties, it has a certain date from registration, the death of a party or its mention in a public officer's deed (article 278) |
| Disputed handwriting | the person it is used against must formally admit or deny their handwriting or signature; their heirs may say they do not recognise it, and the court orders verification (article 279) |
A letter is proof of the commitments it contains against the person who signed it (article 280). A copy or photocopy has the same force as the deed if certified true by a public officer or, within their remit, the land registrar or the registration officer (article 281).
Testimony
A witness is a person who is not a party to the case and who relates, on oath, a fact they know personally (article 282). Procedure is governed by the code of civil procedure (article 283). Those who cannot swear an oath may still be heard for information (article 284). A witness can be challenged if they share interests with the party they support or have a serious dispute with the opposing party (article 285).
Presumptions, admission and oath
| Means | Rule |
|---|---|
| Legal presumption | infers from one fact the existence of another (article 286); irrebuttable if no contrary proof is admitted, simple if it can be challenged (articles 287 and 288) |
| Judge's presumption | admitted only if it comes from serious, precise and consistent facts and when witness evidence is admitted, except for fraud or dol (article 289). A recording of speech counts only as a presumption (article 290) |
| Out-of-court admission | purely oral, it is considered only if witness evidence is admitted; it counts as a presumption and is revocable and divisible (article 293) |
| Judicial admission | full proof against its author, admissible in all matters, indivisible and irrevocable except for factual error (article 294) |
| Decisive oath | one party puts the other on oath about a personal fact, in any matter and at any stage; refusal to swear counts as a judicial admission, unless they refer the oath back to the opponent; witnesses may be required (articles 296 to 299) |
| Supplementary oath | put by the judge of their own motion, to complete a claim already supported by a start of legal proof or to resolve a doubt; it cannot be referred back (articles 300 to 302). It binds neither the party nor the judge (article 303); on the value of a service, it goes only to the claimant and only if value cannot otherwise be determined (article 304) |
The oath may be taken in a civil, religious or customary form (article 295).
Habits to adopt
- Above 50,000 CFA francs, sign a written document and keep one original per party.
- For a unilateral undertaking, add "bon pour" and the sum in full words and figures.
- Keep receipts and instruments; they prove payment.
- Have the deed registered if its date matters to third parties.
- To understand what follows a broken contract: making a valid contract in Mali and limitation periods for claims.
Frequently asked questions
Is an oral agreement valid for a 200,000 CFA franc loan?
The contract may exist, but for an agreement above 50,000 CFA francs the law requires a notarial deed or a private signed deed, and witness evidence is not admitted, unless there is a start of written proof or it was impossible to obtain a document.
What does "bon pour" mean on an undertaking?
For a unilateral undertaking not written entirely by its author, you need their signature, the words "bon pour" or "approuvé" and the sum in words and figures. If they differ, the sum in words prevails.
Can witnesses be used in commercial matters?
Yes: evidence is free for legal acts in commercial matters.
Is a photocopy of a contract valid proof?
Yes, if certified true by a public officer (or, within their remit, the land registrar or the registration officer).
Official source (checked on 19 October 2026)
- General Secretariat of the Government of Mali, General Law of Obligations, law of 29 August 1987 (French), articles 262 to 304.