@article{2019:ruth:ladmini,
title = {L’administration de la Preuve Face aux Exigences du Principe Dispositif en droit Civil Congolais},
year = {2019},
note = {In a civil case, the device principle circumscribes the scope and
content of the facts in accordance with the parties' motion in the
proceeding. It therefore has the function of coming to determine the
office of the parties as to the facts. This function is presented in
parallel with that of the judge in his mission to say the right. The
parties must bring the facts of the case within the limits of the
application and the judge in turn can not rule beyond the facts
underlying the request submitted to it by the parties, nor denature
the facts of the case in the civil trial. Thus, the evidence that may
be required or withheld from the proceeding is only the facts of the
case that the parties brought before the judge. Neither the judge, let
alone a party to the litigation, can demand other ultra causa evidence
out of respect for the rule of civil procedure application in the DRC
that wants the parties who bring the facts to the proceedings but not
the judge and the evidence can only be required within these facts. It
is in this context that this study focuses on the challenges faced by
the administration of evidence against the requirements of the
operative principle in a civil trial in the DRC.},
journal = {KAS African Law Study Library},
pages = {205--220},
author = {Ruth, Malunga N’landu},
volume = {6},
number = {2}
}