Dissertations / Theses on the topic 'Compétence (droit) – Congo (République)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Compétence (droit) – Congo (République).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Toundé, Ernest-Léonard. "Le mariage au Congo - Brazzaville." Thesis, Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0001.
Full textThe study of marriage in Congo-Brazzaville highlights the basis of the relations that exist between state law and customary law in matters of the formation and termination of the marital bond. Our thesis aims to shed light on the nature of these relationships through the prism of civil marriage and customary marriage. Indeed, the legal regime attached to family law and marriage within the framework of the policy inherited from French civil law and which is developed in the Congolese Family Code, presents two opposing visions on the legal and sociological level. Consequently, we have a legal system that favors state law to the detriment of customary law. Downstream, we are witnessing a resurgence of customary practices whose resistance and insistence weaken judicial institutions and state law. As such, the relationship between spouses presents a matrimonial organization which is based on a principle of equality. This equality is however weakened by the place reserved for the husband in the name of marital power, and which presents a form of domination of the woman by the latter. Also, while monogamy is the common law regime, Congolese law allows polygamy. In addition, the dowry, which formerly had only a sociological and anthropological value, now has legal value in the Family Code, which makes it a prerequisite for the formation of civil marriage, by building a customary institution called pre-marriage. As such, the Congolese legal system presents a dualistic system in the form of a rule of legal conflict, which gives jurisdiction to two different sources of law to govern the conditions of formation and termination of the matrimonial bond. Which ultimately leads us to wonder if the codification of family law in general and marriage in particular was not a missed appointment for the Congolese legislator?
Kitoko-Ngoma, Emmanuel. "Le droit des successions au Congo." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020094.
Full textAll the time and in all societies when man accesses a job, he organizes his life to acquire movable and immovable property. In order to enjoy his life and then to bequeath to his heirs after his death. In CONGO the law to succeed to the deceased is first governed according to the customs. In the northern part, inheritance was passed on the basis of patriarchy recognized children as heirs. Whereas in the south the matriarchy was practiced, children was considered as foreigner to their father, they were excluded from the succession. These rules have survived the influence of the colonizer, after independence Congolese had a choice between the customary law and modern law. But this duality has been a source of difficulties. With a view to social cohesion the Congolese legislator unified the law of succession in the public law 073 of October 17, 1984 concerning family code. We will treat this subject in three parts: the first part will examine the provisions for the devolution of the estate, the second part will analyze the rules that govern the transmission and liquidation of the estate. Finally the third part will show the problems encountered in the implementation of the Code of Family
Bisalu, Roger. "La contribution du droit social français au droit social congolais." Paris 13, 1994. http://www.theses.fr/1994PA131018.
Full textThe introduction discribes the general crises contexte which doonced to stop any progress in all the fields. The first part deals inth the inharitance of the modern organization system concerning the labor accidents or the industrial injuries. It analyses traditional organization system concerning the industrial injuries within the pre colonial congole society. The second part of the text shows that the social law has contributed to modernize the traditional system of prevention and repartion during the colonialism. This heritage has been unriching experience for the colonial social law. Yet it some times emerges to be unsuitable. So, the second part starts up. First a specific system of prevention of labor accident by putting the employer in the middle of the system and instituting "a ,real social democraty in congo". In another hand, a complete restoration system of the labor accident or indutrial injuries that bared on a complosary security insurance of the employer towords his wsorkes. The system works in the frame work of the social security with the participation of the government on the foundation of this soliderity to words the victimes and that creation is found by the participation of the government. The conculution shows a fondamental and genuine question in the case of the social in country with a lot of disruption and the specific system proposed in the only solution, thatby insuring the social justice and the effective prevention in
Bayekola, Milandou Christian Parfait. "L'union conjugale au Congo de nos jours." Perpignan, 2005. http://www.theses.fr/2005PERP0618.
Full textThis survey intends to analyze the congolese legal concerning the family law and the state of people. Congo has known two opposite legal systems for a long time. On the one hand customary law existed, and on the other hand the modern law was inherited from the french colonizers. However, the proclamation of the congolese family code in 1984 put an end to this legal dualism while instituting a unique and uniform western-inspired law. This new congolese law turned into a failure because it is completely disconnected from society's reality. Isn't the congolese conjugal union a true illustration? If the 1984 legislator initiative to harmonize the various local laws is laudable, the method is questionable. The effectiveness and the applicability of this new congolese law must be written again so that all the different laws can be taken into account; it is also necessary to ban the other causes of the modern law refusal such as "ethnic parentalisation"
Ntamba, Boukatiri Rosalie. "L'adaptation des structures hospitalières face à un nouveau problème de santé en Afrique : le cas du Sida au Congo." Paris 8, 1997. http://www.theses.fr/1997PA083630.
Full textIdentified in 1981 by the Center for Disease Control (Atlanta), Aids has become -in Africa and especially in Congo- an awful disease upsetting a number of fundamental elements in society: institutions, family, etchics and moral, science and technology (and more particularly medecine). From this moment, talking about fighting AIDS in Congo has led us to bring out the problems of thousands of people confronting AIDS epidemics every day and the limitations of the prevention strategies that have been so far carried out. There are also no real hospital caretaking policies for patients, nor psychosocial support, while social security is lacking. Therefore, raising thoughts on the adaptation of hospital structures with respect to AIDS and attempting to develop a policy on this topic seemed to be essential. This is what we are trying to deal with in this study
Mondzo, Jean-Claude. "La justice coutumière au Congo-Brazzaville : à partir de l'exemple du Twere chez les Mbochi de nos jours." Perpignan, 2002. http://www.theses.fr/2002PERP0419.
Full textAccording to several writers, justice is the basic virtue of any society. Without that institution, there would be but dissoluteness and licencious. In "Mbochi" land (Congo), the running of customary justice is totally incumbent upon dignitaries called "Kani" and "Twere". In comparison with magistrates educated in western schools, the "Kani" and "Twere" (thanks to initiation to traditional customs) have a better command of the customs which are adapted to their social organization. Justice rule in "Mbochi land" is more based on psychological than material facts. The death of a teenager for example is always considered as the work of a sorcerer. Thus, to protect the whole family from any threat, people resort to divination practises. Once the sorcerer has been unmasked, he is systematically sentenced to death. The basic rule in "Mbochi" customary justice is the restoration of the social balance between the human being first, and then, between the living and the forefathers. Because of the weight of tradition, people rarely sue their relatives in Congolese civil courts. They also have a motto : "Not to wash one's dirty linen in public". As things are constantly changing, the "Mbochi" customary justice is likely to lose, shortly, its notoriety to the state civil courts. Thus, to ensure the equality of all the citizens in the eyes of justice, Congolese lawmakers should take into account those particular aspects of customary justice
Kabeya, Symphorien. "Le droit à l'éducation en république démocratique du Congo." Tours, 2001. http://www.theses.fr/2001TOUR1006.
Full textNtirumenyerwa, Gakuru Georgine. "Le statut juridique du conjoint survivant en droit successoral congolais." Paris 1, 2012. http://www.theses.fr/2012PA010275.
Full textBatina-Mafinka, Auguste. "Le code de la famille congolais : innovation ou acculturation en matière de mariage." Paris 10, 1991. http://www.theses.fr/1992PA100032.
Full textMukadi, Bonyi. "La responsabilité civile du pouvoir judiciaire en droit congolais." Thesis, Artois, 2014. http://www.theses.fr/2014ARTO0302.
Full textThe Constitution of the DRC enshrines the principle of separation of the legislative , executive and judicial powers. This latter authority 's mission is to tell the law . It is attributed to the courts and civil and military courts and exercised by the court personnel including judges, clerks and bailiffs, police officers , etc. . They constitute the public service of justice. The study addresses the liability of the judiciary under Congolese law , that is to say, the obligation of the members of this authority to respond to the damage they may cause to the users of the public service of justice by giving them a fair and equitable compensation. After reviewing both the regime of civil liability of judges, which is implemented through the procedure of taking part in and the state's one , which is mainly based on the rules of common law , the study leads to the following conclusion : as it is currently organized , the liability of the judiciary is unable to perform the traditional functions of damage prevention and victims' compensation.Against this backdrop, the study proposes to reform the current law of liability of the judiciary to allow both to prevent the judges' antisocial behaviors and to compensate adequately the victims of the dysfunction of the public utility of justice. For judges, it implies a renovated magistrate liability regime based on the extension of the conditions of this responsibility, the simplification of the procedure and the coordination of the civil, disciplinary and criminal liabilities , which should finally strengthen the sense of responsibility. Concerning the state, the study recommends to set up a regime of strict liability which could enable fair compensation for victims of damage caused by a defective functioning of the public utility of justice . Such a system is rooted in most Congolese people's mentality and in the need to respect Congolese international commitments without sacrificing the need for socio-economic development
Malonga, Alphonse. "La naissance et les fonctions d'un droit domanial en République populaire du Congo." Tours, 1987. http://www.theses.fr/1987TOUR1005.
Full textMore than ten years after the independance was acquired in 1960, congo went on applying the national regulations which had been set up by the french colonial administration. It is characterised by the attribution of land concessions on public property, and by the use by the natives of their customary right upon the land they withold. So, the acquiring of a full ownership of public land and the customary exploitation of the estate by native communities marked the state regulations after the independance. In spite of the adoption of a socialist regime, with a marxist-leninist orientation, in 1963, which set up the state ownership of land, this land law, which has been applied since 1899, still is today. The state reformation of the law no 52 83 of april 21st, 1983, shows that the congolese government want to put an end to the french land policy. New principles are adopted. They permit the state ownership of land and the acknowledgement of a mere right of use for individuals to be settled again. (. . . )
Boukoulou, Marie-Léa. "Exploitation des ressources naturelles au Congo." Toulouse 1, 2000. http://www.theses.fr/2000TOU10029.
Full textMulumba, Mbombo. "Droit étatique et logiques endogènes : recherche sur l'effectivité du droit des successions au Congo." Paris 1, 2009. http://www.theses.fr/2009PA010253.
Full textBiduaya, Beya Pierre. "Essai sur l'évolution du droit des conventions collectives de travail en république du Zaïre." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40023.
Full textMalekat, Jasmine. "La dévolution successorale au Congo." Montpellier 1, 1988. http://www.theses.fr/1988MON10006.
Full textTo the diversity of customs ruling over personal and family matters, and especially devolution of inheritance, the congolese legislator has substituted a unique law inspired from the french, attributing the transmission of inheritance of personal and real estates to close relatives of the de cujus to the detriment of the family lineage. In order to avoid the reappearance of customs through the generosity of the deceased during his lifetime, the legislator has greatly limited testamentary freedom. Will this law be effective ?
Nkouka, Simplice Edgard. "Les nullités de l'instruction préparatoire au Congo-Brazzaville." Montpellier 1, 1998. http://www.theses.fr/1998MON10032.
Full textMokoko, Ida Sylvie. "Evolution des entreprises publiques et l'application du droit prive au congo." Paris 5, 1990. http://www.theses.fr/1990PA05D002.
Full textPublic entreprises constitute a privileged instrument of the growing policy and therely, they must play a prevailing and determining role in congolese economy. Regarding their similary with the entreprises of private sector, law maker brings them under the law of commercial and industrial firms. Yet, the rules of pure private law application is limited because the public appropriation of these economical entities doesn't permit a deep assimilation. The aim of our study is to analyse the check-up of public entreprise and the rules if industrial and commercial firms private law confrontation. It also consists in observing that public entreprises created in order to contribute to economical development and congolese economy socialisation don't fulfil their missions seing that currently, the question is to break them up or to make them private. The restructurations carried into effect by congolese government give evidence of the public entreprises decline and the failure of ideological and economical policy based, since two decades, on the expanse and the domination of state's sector
Makassy, Gilbert. "Le droit foncier domanial et de l'urbanisme au Congo." Paris 2, 1989. http://www.theses.fr/1989PA020093.
Full textThis work analyses juridical rules and proceedings enacted in congo to face the urban growth. In view of the extent of the urbanization phenomenon, the congolese authorities have resorted to law to organize the occupation and utilization of space. That is how a town planning law is born in congo. That law is the result of a synthesis of juridical techniques of french town planning law and socialist ideology principles. However it is still embryonic, and must be clarified and explicit on various points. Besides, order that law is still far from being effective. In order that it becomes effective, an efficacious will from the authorities, an adequacy of rules to congolese reality and a decentralization are required
Lambert, Eloko Basombo. "Sortie de crise au Congo-Zaïre : crise politique, crise constitutionnelle, évolution du droit." Dijon, 2014. http://www.theses.fr/2014DIJOD007.
Full textIwandza, Jean-Pierre. "Le statut politique et constitutionnel de la République populaire du Congo." Paris 11, 1985. http://www.theses.fr/1985PA111004.
Full textSamba, Christian Wilfrid. "Entre tradition et modernité : les mutations du contrôle social au Congo." Toulouse 1, 2001. http://www.theses.fr/2001TOU10065.
Full textOn the whole, the black African societies experience the superposition of two social models which are structurally opposed : on the one hand, there is the traditional organisation, on the other hand, the administration or state model. Each social model has its own structure and mechanism thanks to which it is able to fight against the dangers and behaviours which can threaten the social order. Besides, the aim of this work is to reflect on the evolution of the different kinds of social control, that is to say on the way to cope with the social behaviours in the Congo-Brazzaville
Opoki, Jean-Roy Patrick. "Les entreprises publiques au Congo : de la crise à la réforme." Paris 1, 1998. http://www.theses.fr/1998PA010318.
Full textThe congolese authorities, because of the legitimate problem of economic emancipation and in conformity with the ideological choices, had made public enterprises the base of not only their economic but above all political actions that were oriented towards socialism. The public enterprises are one of the less complex realities. In fact, to the antipode of all their economic and financial development objectives (initially and theoretically defined), these will become a logical element of their pre-eminent socio, political contradictions. The governmental emprise that weighs more and more heavily on public enterprises mainly for political reasons, will under go a drift that increases the economic crises, which in turn will finally produce political crises. This necessity imposed itself on the international as well as on national level. The disengagement of the state in the economic sphere in this regard becomes a precedent inevitability. The reform of public enterprises articulated around a wide program of irregularity of socio-economic space with it, the economic and financial rentability as the new focus from which the congolese economy has to be reconstructed
Malanda, Urbain Maxime. "Connaissance et représentation de connaissances en droit interne des contrats et des obligations : de l'analyse conceptuelle à la banque de données juridiques et au recueil, outils de connaissances." Montpellier 1, 2000. http://www.theses.fr/2000MON10038.
Full textTshilombo, Send Toussaint. "Ethnicité, représentation et démocratie : fondements d'un Etat de droit démocratique en République démocratique du Congo (ex-Zaïre)." Paris 2, 2000. http://www.theses.fr/2000PA020090.
Full textKende, Lucien B. "Brazzaville capitale : organisation administrative et financière." Paris 1, 1990. http://www.theses.fr/1990PA010281.
Full textBrazzaville is the capital city of the people's republic of the congo; a marxist-leninist orientated country. However, in spite of its political tendencies, the country's administration is based on decentralisation; thus giving Brazzaville a decentralised local community status, now administration is always linked to politics. So, how is possible to bridge the gap between the demands of a revolutionary state, based on political uniqueness democratic centralism and decentralisation which implies a diversity of decision making bodies. How does the city of Brazzaville bridge the gap between its status as a local community and its status as a capital city ? Can the city self-govern in a way ? Can it afford self-government ? Is the city, like many african capitals politically as well as financially run by those in power ?
Gomes, Paul. "Le contentieux administratif en république populaire du Congo : les influences étrangères." Rennes 1, 1986. http://www.theses.fr/1986REN11013.
Full textKati-Kati, Hamba. "Les pratiques patrimoniales dans et hors du droit positif : le cas des Congolais de France." Paris 1, 2001. http://www.theses.fr/2001PA010292.
Full textNgumbu, Bibeti. "Evolution des structures juridiques fondamentales : contribution à l'étude du droit privé zaïrois." Strasbourg 3, 1992. http://www.theses.fr/1993STR30007.
Full textThe interest in studying traditional legal systems through the evolution of today's basic legal institutions of zaire is based on the fact that whenever one deal with basic legal institutions, it must refer to both land and family laws. These two fields are extremely mingled and usually considered as the keystone and, perhaps the basis of the human being's existence in african societies. These legal instituions have considerably evolued due to the repeated changes that accurred with the introduction of modern legal systems. With the rise of nation's state independences in africa, the zairen authorities found it necessary to adapt their laws in order to promote a new politic of development, through the enactment of modern legislation either in the field of family laws or in the field of land laws
Kabengele, Munanga Humberton A. "L'action en réparation en droit pénal zaïrois." Paris 2, 1996. http://www.theses.fr/1996PA020127.
Full textThe problem examined in this work concerns the co-ordination between criminal and civil sentences in the modern legal system. In the traditional system, concern for damages for the harm caused by the offence had dominated, so that frequently, no further sanction was made when the offender had satisfied the demands of the victim. These damages served a distinct double function being at the same time legal and social. The modern legal system inherited from colonisation recognised the predominance of public action, but taking into account in a certain way the traditional concept and has created a system of automatic remedies. The criminal judge is obliged to pronounce both criminal and civil sentences at the same time for an infraction. The author has demonstrated that in spite of this, in practical terms, the cumulative sentences of prison term and damages is inoperative. He proposed a system which recognises damages for the harm suffered by the injured party as an autonomous sentence for certain infractions relative to persons and goods. He also proposed a regognition of the former method of reconciliation-mediation-damages as a means of societal regulation
Ngoma, Bertin Yves. "Droit pétrolier et durabilité au Congo-Brazzaville dans le golfe de Guinée : prospective d'une politique petrolière durable." Perpignan, 2005. http://www.theses.fr/2005PERP0542.
Full textTo study in general under the public policy angle the legal conditions of the hydrocarbon exploitation in gulf of Guinea (NIGERIA, COTE D'IVOIRE, CAMEROUN, GUINEE EQUATORIALE, GABON, CONGO, ANGOLA. . . ) and more especially to the CONGO-Brazzaville comes back to circumscribe there besides the specific instruments pertaining above all, the international context, politics, economic and social in which spread out these legal means. The sustainable development concept, while seeing its progressively specified content, home topic to controversies and not only when it is about integrating him in the oil politics of countries producers. Then, how not to contribute in search of a normative connotation of the sustainable development confronted to the main economic of the aimed countries ? in the same time, it seems that the public action in economic matter rests on the abandonment of the authoritative direction of the legal norms, encouraging so the financial interventions. To what conditions does the oil right can from then on, it himself accomoder of such an evolution of the public right ? A thing is certain: it will be necessary to not only among the future consequences of the ambient oil productivity of adjustments illuminated by the sustainable development concept but again premises of the energizing activity diversification thanks to new, more ecological energy promotion. New stakes impose themselves therefore to countries producers of oil without no concession in spite of the detail of their development stadium; stakes to which they should know how to adjust
Nzongani, Edouard. "Pouvoirs et conflits fonciers à Brazzaville : analyse d'un systeme de fraudes et d'évasions foncières." Bordeaux 3, 2001. http://www.theses.fr/2001BOR30013.
Full textEsambo, Kangashe Jean-Louis. "La Constitution congolaise du 18 février 2006 à l'épreuve du constitutionnalisme : Contraintes pratiques et perspectives." Paris 1, 2009. http://www.theses.fr/2009PA010272.
Full textKaya, Gilbert. "L'héritage dans l'ancien et le nouvel ordres juridiques congolais." Dijon, 1994. http://www.theses.fr/1994DIJOD008.
Full textUntil the family law was passed in 1984, cases concerning inheritance in the Congo were tried according to customs. The essence of my thesis was the question to know whether these customs influenced the drafters of the new law. A comparison of the statute family law with customary rules, shows that the legislator was much more influenced by French family law than Congolese customs; this led them to establish a European view of social relationships, which engendered a clash between the new legal norm and the customs of those to be fried. Even though some sociological changes relativize this discrepancy, to be efficient, the new Congolese family law should be adapted to local customs
Otshudiema, Tshota. "La responsabilité du chef d'entreprise en droit pénal zaïrois : (hygiène et sécurité du travail)." Paris 1, 1994. http://www.theses.fr/1994PA010257.
Full textThe subject covers the notion of company manager, the notion of the working hygiene and security. In case of the person in change who breaks the rule or ignores his duty in the domain of the working hygiene and security. The rules provide that he should take up his responsibility and be sought for penalizing. Here, we derogated the executive's right from the penal common-law. The manager of entreprise therefore has a responsibility of any one of three events which can be imputed from she penal law. And bymaes of the legal procedure, he cauld be resulted in his condemnation
Mouyoki, Albert. "Les aspects juridiques de l'aménagement du territoire au Congo." Paris 2, 1986. http://www.theses.fr/1986PA020049.
Full textSponchiado, Lucie. "La compétence de nomination du Président de la Cinquième république." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010290/document.
Full textAs part of his competence for appointments, the president of the 5th Republic has authority to grant jobs, functions, honours or titles to any given person. This dissertation challenges the widely-held assumption that such a competence is often understood to mean the power to choose (to nominate) the persons who are appointed . The first part of the dissertation aims at demonstrating how the president's competence for appointments has evolved into the power of appointment, that is to say the capacity to choose and/or to appoint without authorization or upon mistaken authorization. Such an approach allows to highlight how specific this presidential function is. If the power of appointment is a power that the president has acquired unduly, it can be accounted for by the very essence of the power of appointment. The phenomenon then affects the checks implemented on presidential appointments : the undue acquisition of the power of appointment by the president accounts for their ineffectiveness. The survey of presidential appointments is most instructive. It provides valuable insights into the institutions of the 5th Republic and helps better understand the balance of powers within the political system. This research illustrates how the way institutions are constructed to a certain extent influences the way they are put into effect
Magnondo, Guembi Boniface. "La politique congolaise en matière de droit de la mer." Orléans, 1992. http://www.theses.fr/1992ORLE0002.
Full textCongo is a state bordering the Atlantic Ocean thus this important to know the legal framework that has been established with regards to sea law. It’s a question of knowing what are the concerted decisions taken by the Congolese authorities in this field where economic stakes are very relevant. The answer of this basic question is that decides behavior is somewhat peculiar. Coordination of actions in this field is lacking. One can say that there's no real sea law politics in the country. Meanwhile, the important marine resources are being intensively exploited by foreign ships. In fact the actual Congolese’s sea law is obsolete therefore it's necessary to elaborate new and suited regulations in this field which is continuously evaluating. Congolese state and authorities should pay more attention to the marine sector when the sea is being over exploited polluted
Ketta-Mbanguyd, Alain Daniel. "Etude de droit comparé des conflits collectifs du travail Congo-France." Paris 2, 1990. http://www.theses.fr/1990PA020153.
Full textThis doctoral thesis aims at showing the stages congolese labour law has gone through in its attempts to solve labour conflicts since the implementation of french labour law until nowadays, at showing the differences between those two laws and throwing some light on those changes. It seems to us that congolese labour law is in the making. Despite the fact that it depends on the political context, it has not been influenced by the marxist-leninist ideology implemented by the congolese labour party (pct) since 1969. So congolese labour law has more to do with reform than revolution as one could easily imagine, given the country's political orientation
Longobe, Gabriel. "Le droit de marchés publics en France et au Congo." Orléans, 1985. http://www.theses.fr/1985ORLE0004.
Full textTelomono, Bisangamani Mathieu. "La responsabilité civile du fait de l'enfant en République démocratique du Congo : De la romanogermanisation à la transculturalité juridique pour la paix sociale." Paris 1, 2012. http://www.theses.fr/2012PA010268.
Full textLikouka, Ferdinand Sosthène. "Situation et devenir du système de protection sociale au Congo." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40013.
Full textIn the old days, in traditional congolese society, the notion of "individual fate" didn't exist ouside the community: the social needs of the individuals were secured by small entities such as the clan, the village and the family. Belonging to those entities garanteed a certain "security". With the modernization of the congolese society, those entities have broken up and find it more and more difficult, when they live on, to set up actions of "security" intended to protect their members from certain social needs and from the late growing extent of those needs. The modern systems of social security set up to go with the pervert effects of the modernization and growing "salarization" of the economy in the fifties could not enswe most of the population the right to social security. On the contrary, the personal field of application of the current mechanics of social protection remains in the favour of the salaried workers, that is to say the very ones who, due to their security of employment and income, can appear as priviledged. The complaints of the excluded population, longing for better living, working and health conditions, meet the inability for the state to bring out sufficient means, since the process of development of the country makes unsatisfied needs appear simultaneously and everywhere: unemployment, housing, health, education etc. . . Consequently, one has to imagine other forms of social protection or to relax the current mechanics of social security so that they can integrate other categories of the population (indepent workers among others). As for the paupers,the mecanics of social insurance seen to be the only ones adapted to their social welfare nowadays. If it is so, to what extent will this social welfare grow given that, on the one hand, the paupers sand for the major category of the country and that, on the other hand, the welfare state is falling off day after day? Obviously, the future of the congolese system of social protection is quite incertain
Banzani, Rigobert Sabin. "Droit de l'urbanisme au Congo : stratégies publiques de maîtrise foncière et pratiques privées." Nantes, 2015. http://www.theses.fr/2015NANT4013.
Full textIn Congo, the urban growth is fast and chaotic and cities see their area spreading out beyond limits every time pushed away, making the impression of unlimited cities. If the phenomenon results from anarchy occupations of the space and from informal settlements, it is also dependent on the mode of appropriation of lands and on the legal regimes which underlie them, letting coexist two opposing logics. This thesis attempts to analyze the weaknesses of the urban policies and the negative influences exercised by the logics and/or the private practices very often set against those of the public authorities and who justified the abundance of the legal disputes. So, protecting ground participates of the assertion of the role of public authorities to set up strategies to make sure, otherwise a real control, at least a total control, as show of it the various reforms which followed one another, with the peculiarity that the laws which are the foundation marry the ideologies to which the state power was successively converted (colonial time, socialism) while integrating a common law marked by the philosophy of the magnificence of the sacred of the ground. In a context of conflicting deployment of the standards, it is more than useful to wonder about the future of the town planning in Congo the perspective of which lies in the decentralization and in the invention of a joint town planning which would involve, by associating them, the main actors by taking into account their respective interests, producing new urban development centers socially inclusive and economically viable
Kpongo, Iwewe. "Le patrimoine foncier de l'Église catholique en Afrique : l'exemple du diocèse de Budjala en République démocratique du Congo." Paris 1, 2004. http://www.theses.fr/2004PA010576.
Full textObongui, Hervé. "La passation des marchés de travaux publics au Congo." Montpellier 1, 1986. http://www.theses.fr/1986MON10030.
Full textThe marketin-board hand-out of public works in congo has never brought out enthousiasm to congolese theoricians, a blurring turning point, considering the importance of the problem and the critic in connection with the act dating up from 1959, organising the juridical regulation. As a matter of fact, the applying of the 1982's act, organising the same matter, fell tobe into application, so giving way to the examination of the issue. A comparatively study to which were submitted the above. Two mentionned questions has enabled to denote the following : that it embodies commonly disposals and which permity to make full use of a new hand. Out system deriving from the old system. The collegial system stands for the solely system in which the legal authority has the right of decision
Mackosso, Juhan-Jaap. "La République laïque du Congo : réception de catégories modernes de l'Etat de droit en contexte congolais de passage à l'indépendance : le principe de laïcité." Paris 11, 2008. http://www.theses.fr/2008PA111024.
Full textNdela, Kubokoso. "Les activités minières et la fiscalité : cas de la République démocratique du Congo." Paris 1, 2008. http://www.theses.fr/2008PA010265.
Full textBalaamo, Mokelwa Jean-Pacifique. "Eglises et Etat en République démocratique du Congo : évolution historique du droit congolais des religions (1885-2003)." Institut de droit canonique (Strasbourg), 2006. http://www.theses.fr/2006STR20021.
Full textThis study focuses one's attention on the legal treatment of religious confessions, groups and movements in Democratic Republic of Congo. The religion is an important matter that affects deeply the political dynamic in the contemporary Congo. The colonial legislation of religions is legal status of cults and missions. The post-colonial legislation of religions condideres religions as cultuals associations. This study shows the limits of liberal policy, as legal basement of the State in history of Congo because this liberal policy doesn't assure a strict neutrality of the State in the respect of every conviction and belief. The congolish law of religions is complexe and various, and touchs different aspect of law (Public, Private, Penal, International law, Constitutional, Administrative Law. . . )
Kanza, Séverin. "Le secteur public congolais : contribution à l'étude de l'entreprise publique en droit congolais." Paris 10, 1993. http://www.theses.fr/1993PA100096.
Full textIn Congolese law, the State firm is a non unitary notion that is to say it presents a polymorphous character. The creation of the state firm is carried out according to multiple modes: some of them are the concern of the government and involve public law rules. Others on the contrary are a matter for private law. Creation aims reveal a great variety as well. First, there are political mobiles based on moral and social considerations. Next, there are economic mobiles. All these aims show that the state form constitutes un theorry an authorities answer to a general interest need of a politico-econonomico-social nature. The organization of the state firm is governed by rules that show its belonging to the public sector and its organic dependence on the government. Management organs powers are limited by provisions relative to supervision and by the close interweaving between management and controlling. The state firm autonomy is fictitious to a large extent, thus lightening liability. The government influences strategy and major orientations of the firm. The management of state firms very clearly shows the coexistence between private law rules and public law rules. There is a supremacy
Ognimba, Amédée. "Les infractions contre les personnes dans le droit traditionnel congolais." Paris 2, 1989. http://www.theses.fr/1989PA02T020.
Full textMikala-N'Godjo, Claude. "Le tourisme au Congo : situation et perspectives." Clermont-Ferrand 2, 1990. http://www.theses.fr/1990CLF20025.
Full textIt seems important to be aware of the present congolese situation and to learn about its potentialities in perspective. After independence, tourism was almost inexistant in congo. Yet the country has a great deal of natural and cultural resources. Nothing but the lack of exploitation of these resources prevents congo to develop an outstanding competitive position on the international market. Great financial efforts are required to enhance these touristic features by creating necessary infrastructures in terms of reception and supplies. The governement should have its priority objectives in the satisfaction of mostly european customers'needs. Therefore, every efforts should be made to get fair accommodation distributed on the whole country, and to develop the means of information for the customers. Measures in terms of cooperation with the tower operators, the formation of skilled labour contribute to the profitability of services, and to the development of the country. Despite some good effort, perspectives still depend on the governement'will to carry out the different projects under consideration