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Academic literature on the topic 'Pluralisme juridique – Afrique'
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Journal articles on the topic "Pluralisme juridique – Afrique"
Paré, Marie-Eve. "Dynamisme des cultures juridiques en contexte de pluralisme juridique en Afrique : le cas du Burkina Faso." Revue générale de droit 49, no. 2 (2019): 559. http://dx.doi.org/10.7202/1068529ar.
Full textLe Roy, Étienne. "Pluralisme juridique et taxation foncière : réintroduire la confiance, chaînon manquant dans les processus de gestion urbaine en Afrique francophone de l’Ouest." Techniques Financières et Développement 112, no. 3 (2013): 81. http://dx.doi.org/10.3917/tfd.112.0081.
Full textBAMAZE N’GANI, Essodina. "Politiser ou privatiser l’ethnie ? Réflexion à propos du bien commun en Afrique postcoloniale." Varia 45, no. 2 (January 8, 2019): 419–44. http://dx.doi.org/10.7202/1055270ar.
Full textLe Roy, Étienne. "Pourquoi, en Afrique, « le droit » refuse-t-il toujours le pluralisme que le communautarisme induit ?" Anthropologie et Sociétés 40, no. 2 (September 27, 2016): 25–42. http://dx.doi.org/10.7202/1037510ar.
Full textDissertations / Theses on the topic "Pluralisme juridique – Afrique"
Gbaguidi, Ahonagnon Noël. "Pluralisme juridique et conflits internes de lois en Afrique noire." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40018.
Full textThis work deals with legal pluralism with regard to land ownership successions and conflicts of laws and jurisdictions which it generates in africa notably in the of benin. This question, which, given a state under the rule of an officially standardised legal would not be a matter of any significant concern, becomes particularly interesting in the context of duality of personal and factural statutes. In fact, not is bound to the same personal statute: some are bound to modern statutes, to traditional statutes. The law of inheritance is ruled by two systems of succession with frequently contradicting concepts and regulations. Likewise, the is dualistic: the traditional landlaw system, dominated by collective possession on lineage is opposed to the modern system, founded on individual appropriation (in the sense of the code civil). Indeed, seen internationally, the existence of several systems applied simultaneously, seen domestically, equally engenders internal of interpersonal laws. It is this complex situation which makes land ownership successions a particularly interesting subject. One tries to know if land could be handed by succession in the traditional legal system. Subsequently of interest alsois, what the applicable law for succession, especially in the event of mixed successions? The absence of clear and precise rules for solving such cases by the legislature, the twists of jurisprudence and the doctrinal controversies make all definite responses to questions a little difficult. The present work is concerned with the above problem analysing the legislation, the jurisprudence and also the doctrine, which in the light of results of the research carried out in the area under study, tends to propose some solutions which could primarily serve in bringing about necessary reforms
Sow, Sidibé Amsatou. "Le pluralisme juridique en droit sénégalais des successions ab intestat." Paris 2, 1987. http://www.theses.fr/1987PA021031.
Full textThe juridical pluralism of intestate inheritance in senegalese law, a consequence historical, socio-cultural and political factors, has given rise to the coexistence of two different systems of inheritance : one based on modern law, the other on islamic law. The first has its principle source in the french law that senegalese legislation has tried to improve and adapt to social realities. The islamic statute is inspired bu classical islamic law to which some innovations have been introduced traditional customs, still tenaciously alive in certain ethnic groups, do not constitute a part of the written juridical system. Pluralism is expressed by means of an option, either stated or deduced from the deceased person's behaviour. This option or choice, based on the respect of individuals's desires and on the principle of secularity, represents a unilateral committment. Pluralism is a transitional solution that should end in the unification already prepared by the legislator who has been anxious to consolidate the senegalese nation and to further economic and social developement. The first consists in putting all the inheritance systems together and organising them into a hierarchy. Modern law predominates and represents common law, conceived as an authorities to be realised. The second method is an attempt to conciliate the existing inheritance statutes by sitting up general dispositions applicable to all, whatever the option taken. In the long run, the best means of unifiying family law seems to be the synthesis of customary law, islamic law, and modern law. If such a synthesis is to succeed, the latter of the different systems must give way to their spirit
Nkou, Mvondo Prosper. "Le dualisme juridique en Afrique noire francophone : du droit privé formel au droit privé informel." Université Robert Schuman (Strasbourg) (1971-2008), 1995. http://www.theses.fr/1995STR30011.
Full textThis thesis deals with pluralistic theory of law. It aims at studying juridical realites in french-speaking Black Africa, in the field of private relations. In the african countries conerned with this analysis, there are nowardays two relatively adequate juridical systems and to which civilians can appeal. On the one hand we have a State law, and the other hand popular law. The State law in these countries is essentielly influenced by the french law. It is based on philosophical principes that were in use in europe and particulary in France at a given time in the past. Thourgh unadjusted to african realites, this juridical system is neverthless used by pro-westernization lawmakers. But it is violated or not refered to in lower classes and particulary in villages in which informal law know as popular law is in use. Popular law, which is not to be confused with african traditional law, is a contemporary experimentation of social regulations which are both inspired by modern State law and african traditional law. It is then a new system emerging outside from official law
Adido, Sédami Armand. "La propriété des immeubles en Afrique Noire au regard du dualisme juridique : le cas du Bénin." Perpignan, 2013. http://www.theses.fr/2013PERP1145.
Full textThere is not debatable point about landed property law in developed countries. In African French speaking countries, if s very difficult to define landed property law. French modem landed law coexists with African customary law. It results a law and logical conflict. Most of legal action is about landed property. French landed property law that African French speaking countries applies is decayed. About only 10% of the whole land is registered. It means that the land System safety is maladjusted. The non-registered lands are under African customary law. But they are also maladjusted to market economy. So land insecurity is worrying for government and judicial power This thesis is about thinking about the inadequacy of colonial French law and land reform in progress in Benin. We argue from comparative law to increase the African land System quality and convert the inconstant African customary law to modem and safe land law
Zannou, Martial Tiburce Arcadius. "Coexistence ou dualité des normes juridiques en matière de droit de la famille en Afrique de l'Ouest : cas du Sénégal et du Bénin." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32038.
Full textFischer, Bénédicte. "Les relations entre l'administration et les administrés au Mali : contribution à l'étude du droit administratif des Etats d'Afrique subsaharienne de tradition juridique française." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00944623.
Full textEhongo, Dima Paul. "La "diversalité" en droit du commerce et de la concurrence : Un principe d'articulation des espaces normatifs en Afrique à partir du cas du Cameroun." Paris 1, 2008. http://www.theses.fr/2008PA010323.
Full textStirn, Nora. "Repenser la justice transitionnelle en Afrique subsaharienne : concilier l'un et le multiple dans la reconstruction des sociétés post-guerre civile." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D031.
Full textThrough a comparative study of different African conflicts, this research aims at underlying the need for complementarity between the different judicial and extra-judicial mechanisms of the transitional justice process. Sierra Leone, Central African Republic, Rwanda, Uganda, Darfur, Mozambique, every post-conflict situation has its own experience of Transitional Justice. There is no pre-conceived solution to solve a conflict, where the frontier between victims and perpetrators is constantly shaken, and with mass atrocities committed by both sides. Be it International Justice, National Justice, Truth and Reconciliation Commissions, or Local and Traditional Justice, none of these mechanisms of Transitional Justice can be efficient if they aren't any linkage between them and if they are not adapted to each specific contexts. For post-conflict justice to be a catalyst toward Reconciliation and a Sustainable Peace, peacemakers have to look deep into the political, the historical, and structural reasons that led to the commission of international crimes. The purpose of this PhD project is to encourage the adoption of a renewed plural vision of Justice in Africa, which would meet more specifically the needs of the war-torn population for a long-term peaceful society
Dabo, Aïssata. "L’égalité de l’homme et de la femme dans le mariage en Afrique noire francophone : Étude comparée des Codes des personnes et de la famille du Bénin, du Burkina Faso et du Mali." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0882/document.
Full textFrench-speaking black African countries have renewed their civil rights, on the basis of the French civil code resulting from the 1804 colonial legacy. The texts issued from the reform called “Codes of persons and family” were supposed to put an end to legal pluralism within private relationships, resulting from the coexistence between positive law, customary and religious rules, by the unification of family rights. It provides at the same time the opportunity to confirm marriage regulations within the legal law of international human’s rights, particularly about nuptiality. In this respect, equality of man and woman held the central place in statements of laws patterns. However, the rights of sexual equality moreover disadvantage women. Much more, the sectoral character of the legal approaches concerning the reduction of the inequality, compromises the transforming role of the right. Furthermore, some facts demonstrate that normative pluralism remains and that its impact is negative on the efficiency of the rules in force.When we compare the Codes of Benin, Burkina and Mali it reveals that in return of some new rights instituted in favor of woman, for example the unapplied professional autonomy, irreconcilable customs with human rights such as polygyny has been incorporated in republican rights. It follows that some African legislators are not significantly detached from traditions that contribute to the maintenance of woman legal and social condition. This situation calls for deep reform of family rights, as well as the implementation of a governmental action plan to achieve equality of sexes within marriage
Ngando, Sandje Rodrigue. "Etat et Nation dans le constitutionnalisme africain : étude thématique." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD007/document.
Full textOnly the State had a legal personality at the end of the 1789 Revolution. Derived from the phrase "[t] he State is the legal personification of a nation", the above-mentioned personality endows the first (state), to the detriment of the second (the nation), subjective rights. What about after the democratic revolution of 1989, that is to say, some two centuries later? This study attempts to show the revanche of the nation in legal theory from a context in which it was particularly bullied. On the one hand, the nation has a double mediate and immediate representation of the fact that it participates, with an initial legislative power, the formation of the general Will. We also know that the democratic renewal imposed the issue of legitimacy which the nation can control mediately (by the intermediation of the constitutional Court) or immediately (by referendum), the action of other organs including the constituent whose power skill set is framed by the constitution. Investment supranational bodies we discover more and more into the national legal trade makes the question of legitimacy more efficient when the nation, but also its various components (the ability to capture the regional, community or even international Instances), may require the condemnation of the State for breach of legal obligations. The idea of legitimacy is thus assumed for the nation, the opportunity to evaluate the work of state bodies from a large legal system. On the other hand, the constitutional recognition of national diversity and even taking into account the governance of the State profoundly reconfigured the principle of (national) sovereignty maintained by the revolutionary constitutional Law. Based on the principles of personality and territoriality, the African context provides evidence that the nation and sub-national communities are now holders of rights (political, socio-cultural) subjective, which changes the landscape of the modern State. We talk about plural juridical ways to characterize a plural political arrangement. It follows that the nation (not only her but all the sociological components of the State) has a dual legal personality (national and international) that opposes that of the State. The State remains in search of a new identity that will reflect the sum of the sub skills and supranational actors in the legal system which identity should also indicate the final direction of the postmodern theory of the legal personality of the State
Books on the topic "Pluralisme juridique – Afrique"
Sidibé, Amsatou Sow. Le pluralisme juridique en Afrique. Paris: Libr. générale de droit et de jurisprudence, 1991.
Find full textDomitille, Duplat, Berqué Pascal, and Institut Panos, eds. Afrique centrale, cadres juridiques et pratiques du pluralisme radiophonique. Paris: Institut Panos Paris, 2005.
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