Twenty three years after the enactment of the Family Code Congolese, the issue of dowry under sections 140 and 141 of the Code has many opponents, who believe that the sum of 50,000 CFA francs provided by the legislature is not in harmony with the manners on pre-marriage in our country. Introduced in this debate between supporters and opponents of the dowry, we felt it necessary to inform all these people on the basis of the dot to avoid further reify the bride.
Before October 17, 1984, engagement obeyed customs of the betrothed. Those south of the Republic of the Congo demanded that the bridegroom gives her parents a large sum of money and objects of some value under the dot. By cons it is symbolic in custom in northern Congo. The groom paid a small fee and some items to parents of his fiancee. When the divorce was speaking to the wrongs of the wife, she was often ordered to pay her husband's double the amount of dowry paid by the latter. This principle was enshrined in the supreme court in numerous cases. In
custom Lari, are causes peremptory divorce because the woman committing adultery in the conjugal home number or give birth to more children born out of wedlock. In this case the divorce is granted to harm the woman and the husband is entitled to compensation representative of customary expenses, dowry and compensation for damage suffered.
No Engagement custom Makoua there engagement if the groom pays a nominal sum and publicly in the presence of maternal and paternal relatives of the bride or if the consent of one of the branches .
Given this disparity of treatment experienced by the bride in these various customs which it was subject to liability in many families, the legislature has decided to unify the pre-wedding by empowering women. Thus it has enacted for this purpose sections 140 and following of the Code family. The Section 140 provides: "The dowry has a character symbol. It is optional. It can be paid in cash or kind or both forms. In no event shall the amount does not exceed the sum of 50,000 CFA francs. It is not refundable. Demand a higher dowry the amount or payment thereof is punishable under the Penal Code. " It should be noted that the infringement relating thereto to date is not provided by the Congolese Penal Code. This statutory provision reveals that the custom has been maintained since the dowry was not removed and has been standardized yet. Its symbolic nature, optional and non-refundable contribution to the emancipation of women. The bride is the thing for which most parents may set its price at 500,000 francs, 300,000 francs CFA as dowry.
• It is optional.
Many people who do not. Lacking the financial means to pay the dowry to their in-laws. They refuse to appear before the Registrar of Civil Status to celebrate their marriage when they should do to protect each other.
• It is not refundable.
The offense of violation of section 140 above is so far not enacted. It seems essential to establish the elements of it to no longer allow This impunity we see in many families that continue to reify their daughters. Ordinary expenditures made by a boyfriend to please her husband's family or his girlfriend without being forced to do so does not qualify as a dowry.
The elements thus developed will allow a fair debate about it so that all amendments thereto are not in contradiction with international conventions on the rights of women that our country has ratified.
Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board Family Code
0 comments:
Post a Comment