ANALYSE LEGISTIQUE DE LA PROPRIETE FORESTIERE COLLECTIVE: LEGITIMITE DES DROITS DES COMMUNAUTES LOCALES SUR LES FORETS DE LA REPUBLIQUE DEMOCRATIQUE DU CONGO

Abstract

Analyzing the substance of collective property in general and its conception in segmentary societies and entities from the ancient Kingdoms or Empires of the DRC as well as in Africa in general, we manage to spread its formal legitimacy. With regard to collective ownership of village trees, the divergence of points of view of the legislator and local communities, in relation to the notion of the village, makes this right formally illegitimate. With regard to collective ownership of trees in a collective field, highlighting the principle and exceptions governing the mode of exploitation of agricultural land in our traditional societies also makes it possible to detect its formal illegitimacy.