La famille conjugale et le droit nouveau du mariage en Cote d'Ivoire Export

@article{citeulike:2125539, abstract = {The Conjugal Family and the New Law of Marriage in the Ivory Coast. Though there has been intensive legislation in the countries of \"black\" Africa formerly ruled by France, there have been very few reforms affecting personal status. Despite the necessity for replacing traditional customs with a modern law, in view of the imperatives of social and economic development, the legislator ventures only with difficulty to overthrow the pre-existing institutions in this field. Hence the importance attaching to the reforms introduced in the Ivory Coast on October 7, 1964, of which the most important is that dealing with marriage, which is the main plank in the family system. The major innovation of the new law is to put an end to the lineage structure of Ivory Coast society; henceforth the conjugal family based on marriage is the new social group recognized and protected by law. The characteristics of the new law, which it is helpful to compare with the former customary system as well as with reforms of the family law introduced in other francophonic countries (Madagascar, Mali, Guinea, Tunisia and Morocco), are as follows: On the one hand the conjugal family is constituted by the formation of the matrimonial tie, by reason of the need for the consent of the spouses, which is the primary and basic condition, and by itself sufficient except in case of minority. It includes as corollaries the limitation of marriage prohibitions based on blood relationship, the raising of the age of puberty, and the abolition of marriage-consideration (\"dowry\"). Because of the importance which the state accords to the institution of marriage, it directly intervenes in its formation. On the other hand, the new reform lays down certain measures for the protection of the conjugal family: in order to make it homogeneous, the legislation forbids polygamy; to allow marriage to be stable, divorce is treated in a restrictive manner. And finally, in order to ensure its cohesion, the new law organizes the family on a hierarchical basis, both by recognizing the husband as Head of the Family and by conferring on him the powers of Head or Manager of the community of goods established between the spouses. In these ways the innovating and original character of the new law on marriage is demonstrated, and it will be of interest to discover how far it will be applied in the future.}, author = {Abitbol, Eliette}, citeulike-article-id = {2125539}, citeulike-linkout-0 = {http://www.jstor.org/stable/744734}, journal = {Journal of African Law}, keywords = {a, africa, family-law, monogamy}, number = {3}, pages = {141--163}, posted-at = {2007-12-15 22:15:03}, priority = {2}, title = {La famille conjugale et le droit nouveau du mariage en Cote d'Ivoire}, url = {http://www.jstor.org/stable/744734}, volume = {10}, year = {1966} }

TY - JOUR ID - citeulike:2125539 L3 - citeulike-article-id:2125539 N2 - The Conjugal Family and the New Law of Marriage in the Ivory Coast. Though there has been intensive legislation in the countries of "black" Africa formerly ruled by France, there have been very few reforms affecting personal status. Despite the necessity for replacing traditional customs with a modern law, in view of the imperatives of social and economic development, the legislator ventures only with difficulty to overthrow the pre-existing institutions in this field. Hence the importance attaching to the reforms introduced in the Ivory Coast on October 7, 1964, of which the most important is that dealing with marriage, which is the main plank in the family system. The major innovation of the new law is to put an end to the lineage structure of Ivory Coast society; henceforth the conjugal family based on marriage is the new social group recognized and protected by law. The characteristics of the new law, which it is helpful to compare with the former customary system as well as with reforms of the family law introduced in other francophonic countries (Madagascar, Mali, Guinea, Tunisia and Morocco), are as follows: On the one hand the conjugal family is constituted by the formation of the matrimonial tie, by reason of the need for the consent of the spouses, which is the primary and basic condition, and by itself sufficient except in case of minority. It includes as corollaries the limitation of marriage prohibitions based on blood relationship, the raising of the age of puberty, and the abolition of marriage-consideration ("dowry"). Because of the importance which the state accords to the institution of marriage, it directly intervenes in its formation. On the other hand, the new reform lays down certain measures for the protection of the conjugal family: in order to make it homogeneous, the legislation forbids polygamy; to allow marriage to be stable, divorce is treated in a restrictive manner. And finally, in order to ensure its cohesion, the new law organizes the family on a hierarchical basis, both by recognizing the husband as Head of the Family and by conferring on him the powers of Head or Manager of the community of goods established between the spouses. In these ways the innovating and original character of the new law on marriage is demonstrated, and it will be of interest to discover how far it will be applied in the future. IS - 3 JF - Journal of African Law EP - 163 TI - La famille conjugale et le droit nouveau du mariage en Cote d'Ivoire VL - 10 SP - 141 KW - a KW - africa KW - family-law KW - monogamy AU - Abitbol, Eliette PY - 1966/// UR - http://www.jstor.org/stable/744734 ER -