Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article
Title:Pouvoir d'évocation de la cour commune de justice et d'arbitrage en cassation: quelle incidence dans le système judiciaire congolais?
Author:Manzanza, Grâce Muzinga
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Geographic term:Congo (Democratic Republic of)
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2017-4-652
Abstract:The congolese judicial system has not remained unchanged with the accession of the congolese state to the organization for the harmonization of business law in africa since 2012. the immediate application of the norms of ohada law has had palpable effects within the national legal order, in particular the impact caused by article 14 (5) of the ohada treaty. this provision has two fundamental consequences: on the normative level, there is the insertion in congolese law of a new standard which enshrines an appeal on points of law without a reference, the possibility of a jurisdiction of cassation to evoke and rule on the merits of the case. such jurisdiction has never existed in congolese law. this also implies, procedurally, this also implies procedurally the parallelism of cassation proceedings. in order to unify the procedures within the judicial system of the drc, the supreme court of justice should, like the ccja and the other courts of cassation of the romano-germanic system, exercise the power to evoke and to rule on the merits when the case is ready for adjudicationa faculty conducive to the respect of the reasonable time.