The Nature Of The Right Of The Congolese State On The Soil:.
betweenOwnership SUIS GENERIS and Exercise of Permanent Sovereignty
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This work will focus on the contradictions that obstruct the understanding of the nature of the right that the Congolese state holds over land, in the light of a combined reading of Articles 9, 214 and 217 of the Constitution of the Democratic Republic of Congo of 18 February 2006, as amended by Law No. 11/002 of 20 January 2011 revising certain articles of the Constitution of the Democratic Republic of Congo of 18 February 2006, and Articles 14 and 53 of Law No. 73-021 of 20 July 1973 on the general property regime, the land and property regime and the system of securities as amended and supp...
This work will focus on the contradictions that obstruct the understanding of the nature of the right that the Congolese state holds over land, in the light of a combined reading of Articles 9, 214 and 217 of the Constitution of the Democratic Republic of Congo of 18 February 2006, as amended by Law No. 11/002 of 20 January 2011 revising certain articles of the Constitution of the Democratic Republic of Congo of 18 February 2006, and Articles 14 and 53 of Law No. 73-021 of 20 July 1973 on the general property regime, the land and property regime and the system of securities as amended and supplemented by Law No. 80-008 of 18 July 1980. Indeed, the combined reading of these laws makes it difficult to know whether they constitute ownership in the legal sense of the term or, rather, an exercise of sovereignty over natural resources. Thus, in order to protect land, the appropriation of which is by nature collective in the African tradition, the constituent makes it an exclusive, imprescriptible and inalienable property of the State-organisation.
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