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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The section will both analyze the general principles which govern the legal system, and discuss the specific institutions through which the system operates. Seizing the CCJA suspends all cassation procedures engaged at a national jurisdiction. Ocurs President is elected for a five year term, renewable once. Advanced Search Find a Library.

This colony was integrated into the French Western Organization AOF [6] system, following the status of overseas territory conferred by Article 60 as well as other articles from the French Constitution of October 27 th The Ivorian judicial system is dedicated to ccivil principle of uniqueness of jurisdiction at the level of the Court and Court of Appeal as well.

The Functioning of the Ivorian Legal System 4. The organization administrated by the President of the Republic has followed successive steps.

Précis de droit civil ivoirien : les personnes, la famille

Your Web browser is not enabled for JavaScript. The indicated ideal is indicated, on one hand, by the triptych of the Ivorian motto: The Prime Minister has the power to propose the nomination of other members of the government to the President of Republic. Citations are based on reference standards. A tradeoff seems to exist between efficiency of the laws and rights which should be decided in favor of the administration. In that regard the constitution determined the domain of competence of each public power, as well as the rules to be used in the Ivorian legal system.

Conscious thus deoit this fundamental limit of the uniqueness of the jurisdiction, Ivorian authorities made the choice, with the adoption of the new Constitution, to turn towards the system of jurisdictional duality.

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Finding libraries that hold this item 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.

These parties are represented at the independent electoral commission for presidential elections, postponed in Octoberin Ivoirlenand in Novemberthough no date has been determined since November It creates the categories of public establishments and regulates the state of siege and state of urgency. The purpose of the law is to determine the rules to regulate institutions and expected systems, or other areas as specified in the Constitution.

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Relative to Article 71 of the Constitution of August 1 st, the law covers the following domains: One could expect that this concern uvoirien a preoccupation for the State at the outset of Ivorian statehood when setting up judicial institutions, but it appears from the analyses of some authors that it was an issue of simplification of procedures and really the duality of rules will exist whenever the judge in charge of a dispute applies rules relatively to the nature of the dispute.

The judge made fully applicable the customary legislation in A. Don’t have an account? It also notices the compatibility of international commitments with the Constitution. In specific, these are the law of August 8, related to state of siege, the law of July 3, on requisitions, the law of July 1, on associations, the law of July 29, on independence of mass media, the law of January 11, and the decree of the February on custom, and the law of April 5, slightly modified and extended by the law of November 18, related to municipal organization in A.

Create lists, bibliographies and reviews: All texts following the law of have only multiplied departments by creating new prefectures with the same organizational logic fivil in France [18]. Within the State, the National Assembly serves as the primary democratic organ of government. It alone votes on the cigil. Despite having acceded to French community membership inCI became independent on August 7, The President of Republic serves both administrative and political functions.

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To the south is the Atlantic Ocean, a main road for trade with the rest of the world.

For example, it is admitted in this agreement that the political parties are not the only political constitutional forces competent to contribute to suffrage. This constitution was adopted before the advent of the independent Ivorian State, and was similar to the political system of France, which established the principle of a flexible separation between legislative and executive powers.

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The consequence of this event was the establishment of the legal status of the Ivorian State through a constitution which set out the procedures for the drokt of laws and the exercise of power and authority over the independent territory.

The sharing of ministerial posts and the nomination of the Prime Minister derive from the Linas Marcousis resolutions. All these civil law are also replication of French civil code. This second deliberation cannot be refused to him. It is a requirement to take into account all parties of Couds Marcousis agreement, which get proportional ministerial posts.

Cour suprême (Côte d’Ivoire)

Where Do We Stand? Would you also like to submit a review for this item? For more than half a century, the Ivorian state was administrated by the French state, such that CI has kept much of the same functioning principles as the French state. The constitution, which instituted this parliamentary system, expected therefore a mechanism to ensure accountability and power balance between the legislative Assembly and the government in their relationships, as the Prime Minister is empowered to dissolve the legislative Assembly and the legislative Assembly is able to decide over the responsiveness of the government through either the question of confidence or the vote of censure.

Nevertheless, in order to allow judges to undertake their activities impartially, it is not sufficient to only observe the recruitment rules that guarantee their competence, but judges should also have a status which preserves their independence, such that they may resist pressures on them while they hold this position.