RÔLE DU NOTAIRE DANS LA PRÉVENTION DES LITIGES CIVILS ET COMMERCIAUX : ÉTUDE CRITIQUE EN DROIT CONGOLAIS

Abstract

This article analyses the role of the notary in preventing civil and commercial disputes under Congolese law. The problem raised in the persistence of legal conflicts despite notarial intervention, even though the notary is supposed to secure transactions and prevent challenges, the study also shows how the notarial function can contribute to legal certainty while highlighting its limits in the Congolese context. The study employs methods of legal exegesis and the sociology of law. These two methods are supported by documentary techniques and open (unstructured) interviews. The expected results are to demonstrate the notary as an actor in dispute prevention, and to identify institutional and practical weaknesses that reduce the effectiveness of his action.