@article{2020:kaciunga_mbenga:le_droit_d,
title = {LE DROIT D’APPEL DANS DES LITIGES COMMERCIAUX EN REPUBLIQUE DEMOCRATIQUE DU CONGO},
year = {2020},
note = {This study deals with a question of judicial law, the right of appeal,
which, moreover, is a recognized right of any party to a trial whose
interests are no longer respected at first instance to be able to
refer the matter to the superior judge. In this case, we deal with the
right of appeal in commercial disputes, it should be noted at this
stage that, in the Democratic Republic of Congo, commercial matters
are dealt with on the one hand by the Commercial Court, and on the
other hand, subject to the rules of the Uniform Act relating to
General Commercial Law. This tribunal, established under Law No.
002/2001 of 3 July 2001 on the creation, organisation and functioning
of commercial courts, is intended to be a specialised court before
which the procedural rules remain specific, all the more so as it is
set up in order to deal with commercial matters with celerity while
avoiding the cumbersome nature of ordinary law courts. However, there
is an inconsistency in this field when the legislator submits the
appeal of these commercial disputes to the Court of Appeal, which has
no jurisdiction in this field; does not apply the special procedural
rules and, one falls back into the cumbersomeness so much to avoid,
hence, the Commercial Court Act should be revised along the lines of
the Act ... which sets up the appeal chamber within the specialized
court itself and therefore, that the commercial court should hear
appeals against its judgments rendered at first instance by an appeal
chamber within it.},
journal = {KAS African Law Study Library},
pages = {282--298},
author = {Kaciunga Mbenga, Joseph},
volume = {7},
number = {2}
}