Michel GRIMALDI - Professor (université Paris 2 Panthéon-Assas)
Sophie GAUDEMET - Professor (université Paris XI)
Christophe VERNIERES - Professor (université Paris VIII)
Marie GORE - Professor (université Paris 2 Panthéon-Assas)
All the time and in all societies when man accesses a job, he organizes his life to acquire movable and immovable property. In order to enjoy his life and then to bequeath to his heirs after his death.
In CONGO the law to succeed to the deceased is first governed according to the customs. In the northern part, inheritance was passed on the basis of patriarchy recognized children as heirs. Whereas in the south the matriarchy was practiced, children was considered as foreigner to their father, they were excluded from the succession. These rules have survived the influence of the colonizer, after independence Congolese had a choice between the customary law and modern law. But this duality has been a source of difficulties.
With a view to social cohesion the Congolese legislator unified the law of succession in the public law 073 of October 17, 1984 concerning family code.
We will treat this subject in three parts: the first part will examine the provisions for the devolution of the estate, the second part will analyze the rules that govern the transmission and liquidation of the estate. Finally the third part will show the problems encountered in the implementation of the Code of Family.