L’exécution de jugements civils et sentences arbitrales en RDC: Défi et obstacles

• Main Author: Stéphanie Nsomwe Musangie
• Format: Article
• Language: English
• Published: Nomos Verlagsgesellschaft mbH & Co. KG 2016-11-01
• Series: KAS African Law Study Library
• Online Access: https://www.nomos-elibrary.de/10.5771/2363-6262-2016-3-363

From the outset it should be remembered that the ills that plague the execution of judgments are general. They apply to all judgments whether criminal or civil. As for us, we chose to dwell on the enforcement of civil judgments and arbitral awards in the DRC. Indeed, it is important for us to pinpoint the obstacles to the execution of civil judgments and arbitration awards and to offer challenges for distribution of sound and impartial justice. The list of the obstacles encountered in the enforcement of civil judgments is not exhaustive. We will mention a few that we would clarify as to understanding the difficulties facing the enforcement of civil judgments: The right can be said in good standing but is paralyzed in its execution by the General Inspectorate of Judicial and Prison Service: it is an institutional obstacle, poverty agents, corruption, theft of parts, insufficient means: the clerks are not sufficiently equipped, mitigation of judicial decisions by the President of the Jurisdiction, the interference of political authorities and individuals who think they are above the law, the embezzlement of the enforcement proceedings, impossibility of execution against the state: in practice, the principle that state assets are inalienable and indefeasible works in favor of those animated in bad faith when this is for public undertakings to run. The state enterprises show themselves insolvent because under this principle they think they have nothing to fear. It should be noted that since 07 July 2008, the 1978 law on public enterprises had to undergo reform. Therefore it known processing. After many chess recognized by reporting to the objectives assigned to them, they should be transformed. Thus, they are transformed into either commercial companies or by public institutions or public services, or even dissolved and liquidated because in default or their business is no longer justified. For what concerns us is the transformation of public companies into commercial companies of interest in the context of this work. When public companies were transformed into commercial companies, their legal personality also changed. They had ceased to be governed by public law to be governed by private law or common law. In other words, all rules that apply to legal persons of private law they are also taxable… Beyond all the above obstacles, it is also important to know that the problem does not arise so much for the awards. The award is the decision of the arbitrators in accordance with the powers conferred by the arbitration agreement; settle the disputes which were submitted to them by the parties. Here, the situation is different because of civil judgments for the awards its own means of implementation is anticipated that does not pass through the transplant. However, it should be noted the difficulty encountered in the New York Convention. It should be known that Law No. 13/023 of 26 June 2013 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Arbitral Awards signed in New York on 10 June 1958.Cette emits law reserves 4 including the 4th present some obstacles that constrain the enforcement of the foreign arbitral award in the DRC. Definitively, we will not know the remedy list to bring to each type of obstacles. It must lead and guide the Congolese state so that the separation of three powers (legislative, judicial and executive) to be effective. And the impunity is the basis of many evils. The day we start to punish severely many things will sort themselves.