Civil law in Congo

In the Democratic Republic of Congo, legal capacity concerns natural persons and legal entities. People under 18 are minors, and protection measures include tutelle and curatelle; the Tribunal de paix handles relevant representation and protection matters. Civil liability can still arise when a person lacks full capacity, depending on discernment and the circumstances. Contracts are governed mainly by the obligations rules in Book III of the Civil Code. A valid agreement depends on consent, capacity, an object and a cause, while the required written or authentic proof depends on the type of contract. Non-performance can lead to enforcement, damages or resolution. Residential non-professional leases also fall under Law 15/025 of 2015. OHADA Uniform Acts apply to commercial activities and recovery procedures; the Democratic Republic of Congo has been an OHADA member since 2012, with application effective from 12 September 2012. The State owns the soil exclusively, inalienably and imprescriptibly. A person therefore generally holds a concession or another recognised real right, such as emphytéose, superficie, usufruit, usage, habitation or servitude, rather than private full ownership of the land itself. The usual formal path runs from a State concession to registration and a certificat d'enregistrement, followed by mutation or inscription with the conservateur des titres immobiliers. Customary occupation and informal agreements can have practical significance but do not generally provide the same position as a registered title. Customary land disputes may be brought before the Tribunal de paix. Family relationships are governed by the Family Code, including Law 87-010 of 1987 as amended by Law 16/008 of 2016. A civil marriage is public and solemn; a family celebration may have legal effects when it is properly recorded, while a religious-only union has no marital effect. Personal consent is required, and both spouses are generally at least 18 years old. The dot is agreed according to custom, although a symbolic dot is permitted and part-payment is required. The matrimonial regimes are separation of property, community reduced to acquisitions and universal community; community reduced to acquisitions is the default regime. Divorce is judicial, with conciliation before the Tribunal de paix, and a customary or family dissolution alone does not end the marriage. A separation of at least three years creates a presumption of irretrievable breakdown, while divorce is generally barred during the first two years except where a statutory exception applies. Children have rights without discrimination based on whether they were born inside or outside marriage. Filiation may be established through birth registration, acknowledgment or judicial proceedings. Parents have maintenance obligations, and adoption requires a judicial petition. Succession opens at the deceased person's domicile or principal residence. Death and civil-status evidence support the inventory, liquidation and partition of the estate. Children, including affiliated children born outside marriage and adopted children, form the first category of heirs and receive three quarters; the surviving spouse, parents and siblings belong to the second category, while uncles and aunts belong to the third. The family council, the Tribunal de paix, the Bureau administratif des successions and civil-status offices may become involved. Kinship disputes may require judicial establishment, and estate administration, certificates and partition create variable administrative, notarial or court costs. Civil liability generally requires proof of fault, damage and a causal connection. Negligence and imprudence can support a claim for dommages-intérêts, and liability may also arise for persons or things under another person's guard. A breach of contract follows a separate contractual path. Construction projects are subject to a special compulsory insurance regime, and insurers may participate where that regime applies. Civil proceedings use instruments such as assignation, greffe and service by huissier. The Tribunal de paix handles family, succession, liberalities, customary land matters and assessed civil disputes up to 2,500,000 CDF. The Tribunal de grande instance has residual civil jurisdiction and generally handles execution except for judgments of the Tribunal de paix. Appeals proceed to the relevant court of appeal, and cassation belongs to the Cour de cassation. Geographic gaps in court installations can affect which court is practically available. Evidence, experts, appeals, fees and enforcement are governed by procedural rules, but deadlines depend on the claim or remedy. Enforcement combines the national Code de procédure civile with the OHADA Uniform Act on Simplified Recovery and Enforcement Procedures. The revised Act was adopted on 17 October 2023, published on 15 November 2023 and became effective on 16 February 2024. Available procedures include payment orders, delivery or restitution orders, saisie conservatoire, saisie-exécution, saisie-vente, saisie-attribution and saisie immobilière. The competent court, greffe and huissier implement the applicable procedure, while fees, valuation, sale costs and practical duration depend on the act, the court, service and the debtor's assets. Civil-status, land, court and enforcement fees vary by procedure and locality. There is no verified national flat tariff, processing standard or uniform legal-aid pathway for all civil-law matters. Family or customary mediation can improve access to a solution, but it cannot replace judicial divorce or the registration required for a formal land title. Consumer protection, labor law and criminal law remain separate primary frameworks even when a dispute also produces a civil claim.