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La contractualisation des rapports pecuniaires entre epoux en droit camerounais

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  • Etienne Mbandji Mbena

    (Faculty of Law and Political Science, University of Douala, Cameroon)

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.

Suggested Citation

  • Etienne Mbandji Mbena, 2016. "La contractualisation des rapports pecuniaires entre epoux en droit camerounais," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 6(1), pages 84-99, June.
    • Handle: RePEc:asr:journl:v:6:y:2016:i:1:p:84-99
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    File URL: http://tribunajuridica.eu/arhiva/An6v1/7%20Mbandi.pdf
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    References listed on IDEAS

    as
    1. Hervé Magloire Moneboulou Minkada, 2014. "La question de la définition du contrat en droit prive : essai d’une théorie institutionnelle," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 4(1), pages 88-128, June.
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      Keywords

      “contractualization”; patrimonial relationship; matrimonial regime; community of goods; separation of goods; contract; marriage agreement; spouses.;
      All these keywords.

      JEL classification:

      • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
      • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
      • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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