Overview

This study takes a critical look at the Family Code, particularly in terms of protecting the rights of the surviving spouse when sharing out inheritance assets. Fieldwork carried out in the city of Lubumbashi shows that, in most cases, amicable division of property fails to balance the matrimonial and inheritance rights of the surviving spouse. In substance, the study highlights the fact that, in order to secure the rights of the surviving spouse during the division of the estate, the liquidator's missions should be extended to include the liquidation of the matrimonial property regime prior to any operation relating to the division of the estate. Protecting the rights of the surviving spouse when dividing up the estate requires prior liquidation of the matrimonial property regime. However, in practice, this operation is often not taken into account, with the result that the matrimonial rights of the surviving spouse are violated.

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