Problèmes actuels en droit international privé congolais liés à l’abrogation de l’article 915 de la loi 87-010

Abstract

The Congolese Code Civil Livre I (Civil Code Book I) was adopted in 1895. Although its material scope was confined to family law, it encompassed the most important conflict of laws provisions in Congolese private international law. When the new Congolese Family Code was adopted in 1987, its Article 915 repealed the provisions of the Code Civil Book I, except for its conflict of laws provisions (Articles 8 to 15 of the Civil Code Book I). Therefore, Article 915 of the Family Code was the only provision that ensured the survival of the main conflict of laws provisions in Congolese private international law. However, the 2016 revision of the Family Code repealed Article 915, thereby suppressing Articles 8 to 15 of the Civil Code Book I. This paper analyses the origin and the provisions of the conflict of laws rules which the Civil Code Book I encompassed. Furthermore, it highlights the urgent need to adopt a new Congolese code of private international law. Moreover, it recommends that the Democratic Republic of Congo adopts private international law conventions on family law, commercial law, and civil procedure. Pending the adoption of such a new Code of private international law and of private international law conventions, this paper suggests the application of general principles of private international law for the determination of the applicable law in international situations.