A Brief Study On Congolese Private International Law

Like many colonies, the Congolese Private, International Law comes from the colonizer country: France.But nowadays the French Law is not fully applied in Congo. The main difference between the two legal systems concern the Family law. The reason is that from the beginning Congolese did not agree the French Family Law because of cultures differences. On others matters the French law is sometimes applied, so concerning the Congolese Private International Law sources we can find the French civil Code, and the French Jurisprudence. In 1980 the Congolese Supreme Court laid down the principle of French Law application in the case-law Loupelo.The main provisions of Congolese Private International Law should be found in the Congolese Family Law. Though this code is called the Family Code it contains so many provisions about Family Law and others such as the applicable law to movables and immovable, the foreign judgments effects......The Financial, Administrative Commercial and Civil Procedure Code is very important too. It contains the ways to conduct procedure before the Congolese Judge.The notes or publications of doctrine such: the Congolese Law Review. influence the judge who may change position.Both the French and the Congolese Jurisprudences (stare decisis) are taken into consideration by the judge. It is obvious that the Congolese Jurisprudence is sometimes similar to the French one.In this dissertation you can find the jurisdiction over civil and commercial matters, the law of contracts. the foreign law and the foreign judgments enforcement.Concerning the Family Law, the conditions of form of marriage are regulated by the law where the marriage is celebrated. The basis conditions areappreciated according to the national law of spouses.The jurisdiction and the procedure of divorce are regulated by the lex-fori. The law regulating the Filiations is the same which regulates the marriage effectsThe conditions to be met on Adoption are regulated by the national law, or the domicile law.The legal succession is regulated by the law of the defunct and the testamentary succession is regulated by the law where the testament had been written or the law chosen by the testatorConcerning properties; movables and immovable are regulated by the lex-rei-sitae; the law of their situation and the applicable law to transports is the law of registration or the flag law (boats, planes)and the law of their situation (automobiles)The law of the first publication is applied to incorporeal properties and the law of contract is regulated by the principle of autonomy of will which comes from the French Higher Court in the case law Fourrures Renell.The applicable law to torts is the law where the torts occurred or took place the lex-loci-delicti.Concerning the foreign law enforcement the situation is regulated by the French Jurisprudence.The foreign Judgments effects are regulated both by national and international, rules The differences with the French law come from international rules.