Contractualization of pecuniary relations between spouses Cameroonian law Cover Image

La contractualisation des rapports pecuniaires entre epoux en droit camerounais
Contractualization of pecuniary relations between spouses Cameroonian law

Author(s): Etienne Mbandji Mbena
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: “contractualization”; patrimonial relationship; matrimonial regime; community of goods; separation of goods; contract; marriage agreement; spouses

Summary/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 amarriage’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 judgesin 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.

  • Issue Year: 6/2016
  • Issue No: 11
  • Page Range: 84-99
  • Page Count: 16
  • Language: French