Kinshasa, September 19, 2024 – An in-depth study conducted at the University of Kinshasa highlights the importance of legal certainty in the field of road freight transport contracts. Félix Wetshokonda, in his thesis entitled “Legal certainty of the road freight transport contract: critical analysis of the uniform act”, raises crucial questions on the application of the Uniform Act on the road freight contract (AUCTMR) in the Democratic Republic of Congo.
The author focuses his analysis on the protection of shippers and consignees in the event of damages suffered during transport. He points out the shortcomings of the liability regime provided for by the AUCTMR, particularly with regard to compensation for damages for carriers and shippers. Indeed, according to Wetshokonda, the current text does not provide an adequate framework for settling disputes related to the transport of goods, particularly for high-value or sensitive goods.
Furthermore, the author raises the issue of resolving conflicts of jurisdiction between the AUCTMR and other similar texts. He thus calls on the Congolese legislator to clarify certain essential notions and to regulate specific points to strengthen the legal certainty of road freight transport contracts.
Wetshokonda’s recommendations aim to improve the provisions of the AUCTMR by amending certain key articles to better protect the parties involved. With the support of prestigious professors from UNIKIN, the candidate brilliantly defended his thesis and was awarded the title of Doctor of Law with “high distinction”.
This study highlights the crucial legal issues related to the transport of goods by road in the DRC and calls for a careful reassessment of the legal provisions to guarantee optimal legal certainty for all stakeholders. Wetshokonda’s recommendations offer valuable avenues for reflection for more appropriate and equitable regulation in this complex and crucial area for the national economy.
This high-level study highlights the importance of legal research in resolving practical issues in commercial law and highlights the essential role of universities in developing and adapting the national legal framework to contemporary challenges.