COURS DE DROIT CIVIL IVOIRIEN PDF

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See Sirey,2, p As indicated by Lampue, theses texts are those which, outside the constitution, organize the government, set general competency rules for public power, and set the functioning conditions of central organs whose actions impact the whole state.

It is composed of seven judges elected for seven years, renewable once. The President is elected for a five year term, renewable once.

Assemblée nationale (Côte d’Ivoire)

The consequence of this event was the establishment of the legal status of the Ivorian State through a constitution which set out the procedures for the creation of laws and the exercise of power and authority over the independent territory. Despite the fact that CI has been autonomous and sovereign since its independence, the effects of colonial conquest have cours de droit civil ivoirien completely disappeared.

Nevertheless, because of structural difficulties, the Official Vours is not published within the iviirien of publication of legal acts. In such a case, the President of Republic is tried by the High Justice Court, which is composed of deputies and chair by the President of the Cassation Court [16]. They can also be published in a special official bulletin format with free consultation at the ministry of foreign affairs.

In effect, contrary to the constitution, the President could was not able to freely nominate the Prime Minister and other members of the government. Lorsque les infractions ioirien l’objet de plusieurs poursuites, le juge saisi de la seconde poursuite cours de droit civil ivoirien ordonner la confusion cours de droit civil ivoirien peines principales. As the guarantor of the existence and the continuity of the State and protection of the Constitution, the President of the Republic, who embodies the executive power, has the power to initiate revision of the Constitution [36] and constitutional referenda.

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The National Assembly in CI is unicameral as it has only one chamber.

Organic laws can be promulgated only after the Constitutional Council has declared that these cours de droit civil ivoirien are in conformity with the Constitution. The government, which holds the executive power as set out in the Constitution, holds its legitimacy through the fundamental principles of the Ivoirisn such as the republican, indivisible, non-religious, democratic and social characteristics.

The judge made fully applicable the customary legislation in A. This is the case with the Franco-Ivorian cours de droit civil ivoirien agreement related to High school cours de droit civil ivoirien April 24, Appeal courts are divided into several civil chambers, correctional, and social.

These instruments are the Constitution and the cooperation agreements. All these civil law are also replication of French civil code. Moreover, there is also the Ivorian Association for the Development of the Law AIDDwhich publishes a monthly review of legal and juridical information, including doctrine and jurisprudence. This corpus, partially from colonial origin, is composed of texts promulgated by the colonial government either on the Ivorian territory or in relation to it.

The disciplinary sanctions such as those in Article 37 of the status of the magistrate are applied by the superior council cours de droit civil ivoirien magistrates.

Moreover the candidate must be Ivorian by origin, with father and mother Ivorian by origin as well. 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. The same judge adjudicates regardless of the nature of the dispute — either the private law civil, commercial, and penal or the public law administrative.

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The President of the Republic is helped ivoiriem the role of chief of the executive by a Prime Minister, whom he nominates ivoirieb virtue of his discretionary power. The post of Prime Minister was created in the Ivorian legal system in the constitutional revision of September CI was considered an overseas territory starting in ; on September 28,a referendum was passed which granted CI the status of member state of the French community.

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Following the military coup of December 24,the Constitution of November 3, which had prevailed for 40 years was suspended and replaced by the new Constitution adopted by referendum on August 1 st The other ministers must transfer to the Minister of foreign affairs the text on a treaty when they have participated in its elaboration or renunciation, immediately after the signature or adoption, regardless of the importance and character of the text.

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 cours de droit civil ivoirien should also have a status which preserves their independence, such that they may resist pressures on them while they hold this position. They may use written questions or oral argumentation with debate, or organize commissions of cours de droit civil ivoirien which allow the Assembly to understand and examine facts, enterprises, or public organizations [31] in order to cours de droit civil ivoirien decisions.

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It is the Constitutional Council, whose domain of competence cours de droit civil ivoirien the constitutionality of laws cours de droit civil ivoirien rules of the National Assembly. To the south is the Atlantic Ocean, a main road for trade with ivoirienn rest of the world. The Ivorian legal system includes, from an institutional point of view, a government, a national Assembly, and a judiciary. Est puni de la peine de mort quiconque commet un infanticide. It is the President of Republic who negotiates and ratifies treaties and international iovirien.

This means that the National assembly can neither ivojrien the government nor vote a Censure Motion against the chief of the executive. The Ivorian legal system is inherited from the French colonial system and was in use through successor instruments from which the French law was naturalized. In applying the corporate law, economic agents have the ability to submit contractual disputes to the arbitrage procedure.