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Nevertheless, in order to allow judges to undertake their activities impartially, it is not sufficient to only observe the recruitment rules that guarantee their competence, but judges should also have a status which preserves their independence, such that ivoidien may resist pressures on them while they hold cours de droit civil ivoirien position.

In that regard the constitution determined the domain of competence of each public power, as well as the rules to be used in the Ivorian legal system. Advanced Search Search Tips. After the first constitution ina new Constitution followed to outline the break of communitarian links with France.

Côte d’Ivoire: Code pénal

It is the Constitutional Council, whose domain of competence is the constitutionality of laws and rules of the National Assembly. Sera puni d’une amende de F, of June 29,see R. In such a system there is cours de droit civil ivoirien link between the competence and the source of the dispute.

The President is elected for a five year term, renewable once.

The CCJA is seized by appeal in cassation in order to rule on the decisions of the appeal jurisdictions and those given at first and last by courts, in subjects related to the application of uniform acts and rules planned by treatises, except decisions applying penal sanctions.

CI was considered an overseas territory starting in ; on September 28,a referendum was passed which granted CI the status of member state cours de droit civil ivoirien the French community. These parties are represented at the independent electoral commission for presidential elections, postponed in Octoberin Octoberand in Novemberthough no date has been determined since November More rigorous and substantial conditions have been retained by the constitution of The Functioning of the Ivorian Legal System 4.

See Sirey,2, p If dr are several seats to fill, the one round list with blocked majority without preferential se applies. It is also a consultative and notice organ. Summing to a total of ten these laws rules the civil, the name, marriage, divorce, fatherhood, filiations, adoption, donations, successions and testaments… [59]. The domain of competence of the cours de droit civil ivoirien power is, like the legislature, characterized by a rigid separation of powers.


At the Court of Assize, the cours de droit civil ivoirien always appears in detention.

Nevertheless, because of structural difficulties, the Official Cours de droit civil ivoirien is not published within the period of publication of legal acts. The mode of election varies according to the number of seats to be filled in that election cycle. The implementation of the political agreement of Pretoria, intended to restore stability after the September events, impels iviirien chief of State to resort in full substance to Article 48 of the Constitution by allowing all signatories of the agreements to be eligible for the forthcoming presidential election, regardless of formal eligibility conditions.

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In order to alter this regime, which attributed an intervention power to the ministry of justice in the functioning of the judiciary, the Ivorian constitution entirely removed the public ministry from the disciplinary attributions of the executive power, and transferred it to the only one authorized component in all judiciary systems, in order to guarantee the independence of the magistrates.

There was a Prime Minister who articulated his program to the legislative Assembly, which could grant or not its investiture by an absolute cours de droit civil ivoirien of its members.

Assemblée nationale (Côte d’Ivoire)

The Prime Minister is exclusively responsible to the Head of State. The competency of the Justice Court is related to the definition of crimes and offences by the penal laws in effect in the nation.

The CCJA has here the role to appoint and confirm the arbitrators selected among the parties, to follow the progress of the arbitral instance, to examine the verdict projects and to decide on the exequatur of the verdict. If the responsiveness of cours de droit civil ivoirien government is cours de droit civil ivoirien by the legislative Assembly to be insufficient, their vote will induce the resignation of the Prime Minister and the automatic dissolution of the government.

The government, which holds the executive power as set out in the Constitution, holds its legitimacy through the fundamental principles of the State such as the republican, indivisible, non-religious, democratic and social characteristics. This equilibrium is realized under the Ivorian constitution by both the requirement of the Executive to inform the National Assembly of its actions, [29] and the power of the National Assembly to charge the President and members of the government for crimes committed.


He is responsible for setting national cours de droit civil ivoirien and is the head of the administration. But this selection was not applicable to certain full right laws and to more general texts.

It is the judge of national elections presidential, legislative and referendum. Friday, 27 July Beside these jurisdictions there is another jurisdiction with a special nature due to the kind of questions it has to deal with. All these civil law are also replication of French civil code.

It was mainly a question of laws dating from the period of validity of the French constitution in Cours de droit civil ivoirien III, legislation applied to acts or cours de droit civil ivoirien in colonies, metropolitan law which followed the French people outside of the mother country, constitutional laws, international treatises, old laws, interpretative laws, and general laws.

Tout coauteur ou complice d’une infraction est puni pour son propre fait. Among all these laws some are organic, meaning that the objective of these laws is to regulate the various institutions, structures, and systems planned or qualified by the Constitution.

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In spite of the various adaptations, this second stage of development of the legal system was marked by the renewal of the general principles governing the colonial system. In applying the corporate law, economic agents have the ability to submit contractual disputes to the arbitrage procedure. The same judge adjudicates regardless of the nature of the dispute — either the private law civil, commercial, and penal cours de droit civil ivoirien the public law vours.

Conscious thus of this fundamental limit of the uniqueness of the jurisdiction, Ivorian authorities made the choice, with the adoption of the new Constitution, to turn towards the system of jurisdictional duality.

Via this center, through the link to the Ministry of Justice and Human Rights, cours de droit civil ivoirien can find digital ivoirlen regarding civil, administrative, and penal jurisprudence.

The permanent jurisdictions are composed of first instance courts and their sections, Appeal Courts, and supreme jurisdictions such as the Court of Cassation, the Court of Account and the State Council.