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Accès de la femme à la terre en droit congolais

(2014)
Author
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(UGent)
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Abstract
The doctoral dissertation analyses the tension between official law and actual law in Congo as to the equality of men and women for rights on land. It appears that both under the written law and under customary law women are the victim of discrimination, notwithstanding constitutional and other apparent legal protection of equal treatment of men and women. Most notably under customary law, women are in a weak position. Unmarried women have the same rights on land as men, but cannot manage the land of the ancestors. Married women have only rights on land of their husband's clan through him. These rights end with his dead or divorce (no inheritance rights). For land governed by the written law women are in a better position, especially as to inheritance rights and rights after divorce, but they are still victim of discrimination when married, as they need authorization by their husband when they want to use their rights on land. The thesis ends with some suggestions for restoring coherence within the Congolese legal system and improving the position of women as equal to men for their rights on land.

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Citation

Please use this url to cite or link to this publication:

MLA
Munene Yamba - Yamba, Paulin. Accès de La Femme à La Terre En Droit Congolais. Universiteit Gent. Faculteit Rechtsgeleerdheid, 2014.
APA
Munene Yamba - Yamba, P. (2014). Accès de la femme à la terre en droit congolais. Universiteit Gent. Faculteit Rechtsgeleerdheid, Gent.
Chicago author-date
Munene Yamba - Yamba, Paulin. 2014. “Accès de La Femme à La Terre En Droit Congolais.” Gent: Universiteit Gent. Faculteit Rechtsgeleerdheid.
Chicago author-date (all authors)
Munene Yamba - Yamba, Paulin. 2014. “Accès de La Femme à La Terre En Droit Congolais.” Gent: Universiteit Gent. Faculteit Rechtsgeleerdheid.
Vancouver
1.
Munene Yamba - Yamba P. Accès de la femme à la terre en droit congolais. [Gent]: Universiteit Gent. Faculteit Rechtsgeleerdheid; 2014.
IEEE
[1]
P. Munene Yamba - Yamba, “Accès de la femme à la terre en droit congolais,” Universiteit Gent. Faculteit Rechtsgeleerdheid, Gent, 2014.
@phdthesis{8510155,
  abstract     = {{The doctoral dissertation analyses the tension between official law and actual law in Congo as to the equality of men and women for rights on land. It appears that both under the written law and under customary law women are the victim of discrimination, notwithstanding constitutional and other apparent legal protection of equal treatment of men and women. Most notably under customary law, women are in a weak position. Unmarried women have the same rights on land as men, but cannot manage the land of the ancestors. Married women have only rights on land of their husband's clan through him. These rights end with his dead or divorce (no inheritance rights). For land governed by the written law women are in a better position, especially as to inheritance rights and rights after divorce, but they are still victim of discrimination when married, as they need authorization by their husband when they want to use their rights on land. The thesis ends with some suggestions for restoring coherence within the Congolese legal system and improving the position of women as equal to men for their rights on land.}},
  author       = {{Munene Yamba - Yamba, Paulin}},
  language     = {{fre}},
  pages        = {{322}},
  publisher    = {{Universiteit Gent. Faculteit Rechtsgeleerdheid}},
  school       = {{Ghent University}},
  title        = {{Accès de la femme à la terre en droit congolais}},
  year         = {{2014}},
}