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La contractualisation des rapports pecuniaires entre epoux en droit camerounais

Etienne Mbandji Mbena ()
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Etienne Mbandji Mbena: Faculty of Law and Political Science, University of Douala, Cameroon

Juridical Tribune (Tribuna Juridica), 2016, vol. 6, issue 1, 84-99

Abstract: The matrimonial regimes in Cameroonian’s law is known nowadays as the venue of unexpected solutions in matters concerning divorce, corps’ separation and widowage because of severe confusions made by the Jurisprudence every time It’s sued to liquidate or share a matrimonial patrimony. Though, it has been long times stated that throughout a marriage’s agreement signed before the marriage celebration, spouses could organize their patrimonial relationship by themselves, choosing clearly and precisely their matrimonial regime. Such old and viable solution shows the place of contract in the Law of matrimonial regimes. It appears as one of the remedies against the incertitude of the jurisprudence in family’s patrimonial cases in Cameroon, where the customs are so heavy that even judges in charge of modern law, couldn’t resist in applying its solutions as they did in the KOUM’s case. To correct those incertitude in the “contractualization” of the patrimonial relationships in marriage remain the best solution. It can be possible according to the civil code by or without spouses will. Any way, it’s a means to modernize the Law of matrimonial regimes and reduce matrimonial unsolved cases.

Keywords: “contractualization”, patrimonial relationship, matrimonial regime; community of goods; separation of goods; contract; marriage agreement, spouses. (search for similar items in EconPapers)
JEL-codes: K11 K12 K36 (search for similar items in EconPapers)
Date: 2016
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