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Periodical article Periodical article
Title:Organisation, fonctionnement et compétence du tribunal de commerce
Author:Maku, Elie Katenga
Year:2021
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:8
Issue:4
Pages:489-504
Language:French
Geographic term:Congo (Democratic Republic of)
Subject:law
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-4-489
Abstract:The current study is entitled 'organization, functioning and jurisdictions of the tribunal of commerce.' the content of this study is focused on the analysis of the legislation which regulates the tribunal of commerce. what we can draw from the analysis on the law of 3 july 2001, which regulates the above-mentioned tribunal, is that it provides for a special legal regime to the above-mentioned tribunal. the specialty of rules regulating the tribunal of commerce distinguish between the latter tribunal and the other tribunals like the tribunal de paix and high courts in many matters such as for instance the presence of consular judges sitting on the bench while they are not magistrates. twenty years later after its application in the democratic republic of the congo, we can say that the legislative text in question is in accurate and obsolete. the inaccuracy resides in the fact that the law-maker provides for organizational, procedural rules and court jurisdictions which are identical in both criminal matter and civil matters. the obsolete element is clearly existent in the silence of the law-maker on many questions of law which the supranational legislation sends back to the national law, and secondly on the content of certain articles. with this strong assessment, it is very relevant to proceed with an important reform of the law of 3 july 2001 establishing the organizational and functioning of tribunals of commerce in order to make the organizational and procedural rules and court jurisdictions more accurate when we deal with criminal and civil matters. further, the reform will aim at adapting the concerned law to the current legal framework which is strongly influenced by the communal law.
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