COURS DE DROIT CIVIL IVOIRIEN PDF

La Cour suprême de Côte d’Ivoire est l’instance la plus élevée de l’appareil de justice du pays. Elle connaît des recours exercés contre les arrêts rendus par les . Principes Fondamentaux d’Indentification du Droit Applicable . La Cour Constitutionnelle du Bénin exerce effectivement les pouvoirs qui lui sont . de Justice et d’Arbitrage (CCJA) dont le siège est à Abidjan en Côte d’Ivoire. en après plusieurs décennies d’application simultanée du droit civil hérité de la. The Law. International Sources of Law Applicable in Côte d’Ivoire ASSI ESSO (A. M), «Précis de droit civil ivoirien: les personnes – la famille» col.

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Please enter your name. It is therefore possible to distinguish the parliamentary regime, characterized by the flexible separation of the three powers, from the presidential regime, which is characterized by a rigid separation of legislative, judicial, and executive functions.

The Legal System in Côte d’Ivoire: Where Do We Stand? – GlobaLex

The state is located in western sub-Saharan Africa and is member of the African Union. The Ivorian legal system is inherited from the French colonial system and was in use through successor instruments from which the French law was naturalized. More rigorous and substantial conditions have been retained by the constitution of The post of Prime Minister was created in the Ivorian legal system in the constitutional revision of September In such a case, the President of Republic is tried by the High Justice Court, which is composed of deputies and chair by the President of the Cassation Court [16].

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Cour suprême (Côte d’Ivoire)

In effect, according to this principle, colonial laws are applicable on overseas territories if they are made precisely to regulate or if they have been extended by a special disposition included in the law or in a decree. In effect, regarding the Ministry of Overseas which denied the right to Dame Louys to be a candidate for the professional exam of judiciary, the state council noted that the existence of a particular status of colonial judiciary can not contradict the general terms of the disposition of law of April 11, The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied.

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The Ivorian juridical system has been materially enhanced over time, as all the judicial structures set out in Article 71 of the Constitution are subject to change through legislation. The decisions of the CCJA are enforceable without resorting to the procedure of the exequatur. This second deliberation cannot be refused to him. This means that the National assembly can neither overthrow the government nor vote a Censure Motion against the chief of the executive.

It was chosen in order to simplify procedures. Despite having acceded to French community membership inCI became independent on August 7, Are also in use the law of August 3, related to incapacities and father responsibility [60].

Please choose whether or not you want other users to be able to see on your profile that this library is a favorite of yours. These instruments are the Couds and the cooperation agreements.

Don’t have an account? The Ivorian legal system includes, from an institutional point of view, a government, a national Assembly, and a judiciary. The date of publication of the Official Journal is officially established by mean of observation made on a special register at the secretariat of the government.

Some features of WorldCat will not be available. The first step is related to the first constitution of March 28, Such a system would function better if the President of the Republic and the Prime Minister, chief of the government, shared in the executive power, giving a dual characteristic to the executive as in classical parliamentary regimes.

The crisis has also affected the cjvil system instituted by the constitutional reform of The President of the Republic is helped in the role of chief of the executive by a Prime Minister, whom he nominates by virtue of his discretionary power. Article reinforces this independence by submitting all judges only to the authority of law in their function.

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In effect, during the pre-independence period French governing principles were imposed upon local populations and traditional local organizations through pressure to conform to the colonial system. In order to alter this regime, which attributed an intervention power to the ministry of justice in the functioning of the judiciary, the Ivorian constitution entirely removed the public ministry from the disciplinary attributions of the executive power, and transferred it to the only one authorized component in all judiciary systems, in order to guarantee the independence of the magistrates.

There are two-non permanent jurisdictions with specialized competencies related to specific areas of the law.

The National Assembly in CI is unicameral as it has only one chamber. The judge made fully applicable the customary legislation in A. Appeal courts are divided into several civil chambers, correctional, and ivoirlen. The indicated ideal is indicated, on one hand, by the triptych of the Ivorian motto: The functions of the National Assembly thus are subject to strict rules codified so as to guarantee the stability and the authority of the government.

The same applies to the renewal or renunciation of agreements. It is the President of Republic who negotiates and ratifies treaties and international agreements.

The first of these is the High Cors Court, competent to judge members of the government for crimes or offences committed during their time in office. It is question of whether to distinguish between the rules that apply to the administration and those to private persons.

The dispute of municipal elections is also the domain of the administrative chamber of the Ivoirken Court.