L'égalité des époux en droit congolais de la famille
(2009)
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- Authors
- Supervisors
- Renchon, Jean-Louis
- Abstract
- Our doctoral dissertation on the relationship of the spouses in Congolese law as regulated by Law n° 010 of 1st August 1987 on the Family Code still in force today is the subject of criticism and related texts. The legal regime of marriage in the African context leads to two contradictory aspects. On the one hand, there is a social order whose canvas give a predetermined rule for men on women. On the other hand, the modern law and international conventions which govern the legal life of African countries working for the eradication of discrimination between individuals, namely those based on sex. Faced with these two alternatives, which were legal at the scope of married couples to determine the extent of their rights and duties? It turned out that the African legislators, torn between respect for the weight of tradition inclined to the hierarchical relationships between man and woman, and the requirement of gender equality as advocated by the modern law, have in most cases, carried out a modernization of the traditional order. This means that under the appearance of new family law, legislators, wanting to provide social foundations with the Codes of the family did not give them the courage to reject the traditional determinants in the submission of a in men. Many today are those that require the reform of the Family Code. The presuppositions of the current reform is the age and inadequacy of law to the political, economic and social development of the Congolese society. Our research contributes to reform in order to increase the chances of success and to dispel illusions. Indeed, the legal norms inherited from colonization, imported without intelligence, before any lifting require an assessment of how they were built and how they are applied. Our argument shows in fact, based on a socio-legal, as legislation introduced in the procedure of its adoption and its text, all the signs of ineffectiveness. Today more than ever, the implementation of the principle of gender equality is a challenge for the Democratic Republic of the Congo and for its development, this observation should be extended to other African countries.
- Affiliations
Citations
Mwanzo Idin’Aminye, E. (2009). L’égalité des époux en droit congolais de la famille. https://hdl.handle.net/2078.5/273188