“Proposed law in the DRC: major advances to better regulate matrimonial practices”

The Democratic Republic of Congo continues to deal with topical issues. This Monday, May 8, the deputies examined the bill aimed at modifying and supplementing certain articles of the Family Code. These include articles 337, 340, 363, 377, 395, 408, 411, 412, 454, 490, 497, 531, 539, 544, 759, 786, 795 and 817. Daniel Mbau, the initiator of the law, specified the outline of its proposals, which include major innovations.

The review of the proposal was deemed admissible and was forwarded to the Social and Cultural Commission for further review. This bill deals with several important points such as dowry, engagement, polygamy, succession and inheritance, private international law, residence, divorce by mutual consent, and the prohibition of polygamy.

The proposal provides in particular for the reorganization of private international law, the removal of the simplistic nature of engagements and their conversion into solemn promises, the maximum fixing of the amount of the dowry, the possibility of penalization for exceeding it and the fixing of the costs of the Marital status by registration. In addition, the proposal aims to regulate the dissolution of betrothal, the reorganization and criminal supervision of the estate and the estate patrimony as well as the surrender, devolution and illegal intrusion of third parties into the small estate.

Innovative elements have also been proposed, in particular the option for a woman exercising an important and highly paid function to fix the prior agreement of her spouse, the residence, and to be followed by her husband or even the affirmation of divorce by consent. mutual in the absence of any dispute. The bill also formally prohibits and strictly penalizes acts of polygamy.

The Democratic Republic of Congo deals with an important subject and major social issue, this bill will make it possible to better regulate existing matrimonial practices and to integrate new innovative measures in accordance with modernity.