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Article

English, French

ID: <

oai:doaj.org/article:3d5fab5ae8ff46beac6f57589ae441c8

>

·

DOI: <

10.5771/2363-6262-2017-4-652

>

Where these data come from
Power of evocation of the Cour Commune de Justice et d’Arbitrage en cassation (Court of Justice and Arbitration in cassation): What impact on the Congolese judicial system?
Disciplines

Abstract

Le Congolese judicial system has not remained unchanged with the accession of the Congolese State to the Organisation for Harmonisation of Business Law in Africa since 2012. The immediate application of the rules of OHADA has had palpable effects within the national legal order, in particular the effect created by Article 14 (5) of the OHADA Treaty. This provision has two fundamental consequences: from a legislative point of view, it denotes the insertion into Congolese law of a new provision which enshrines an appeal on a point of law without referral, which is open to a Court of Cassation to raise and rule on the substance of the case. Such jurisdiction has never existed in Congolese law. This also means, from a procedural point of view, that there must be parallel proceedings in cassation. To this end, it would appear that proceedings within the DRC’s judicial system should be unified, the Supreme Court of Justice acting as the Cour de Cassation (Court of Cassation), like the CCJA and the other courts of cassation of the Romano-Germanic system, should exercise the power to raise and rule on the substance of the case when the state of the proceedings is pending, an option which is conducive, in particular, to compliance with the reasonable time limit.

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