DR Congo · Overview
The legal system of DR Congo
A Belgian-tradition civil-law system — distinct from the French model in its commercial and administrative detail — governing Africa's second-largest country by area. DR Congo joined OHADA in 2012, which substantially rewrote its commercial law. The mining code is the dominant field of practice, and customary courts handle much rural dispute resolution.
Legal tradition
DR Congo belongs to the civil law (belgian tradition) tradition. A Belgian-tradition civil-law system — distinct from the French model in its commercial and administrative detail — governing Africa's second-largest country by area. DR Congo joined OHADA in 2012, which substantially rewrote its commercial law. The mining code is the dominant field of practice, and customary courts handle much rural dispute resolution.
How power is divided
Semi-presidential: a directly elected President, a Prime Minister from the parliamentary majority, and a bicameral Parliament. The 2006 constitution split the former Supreme Court into three separate apex courts.
Where law comes from
- Constitution
- Supreme; article 220 entrenches core provisions.
- OHADA Uniform Acts
- Applicable since 2012 accession; override conflicting commercial law.
- Laws and ordinance-laws
- Parliamentary statutes and delegated instruments.
- Codes
- Family (1987, revised 2016), penal, labour, mining (2002/2018) and land codes.
- Customary law
- Applied by customary courts where not contrary to public order.
The legal profession
Avocats admitted to provincial bars under the national Ordre des avocats after a law degree and traineeship; défenseurs judiciaires assist in lower courts.
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