MATRIMONIAL AGREEMENTS: SOLUTIONS TO THE PERENNIAL PROBLEM OF MATRIMONIAL REGIMES IN CAMEROONIAN LAW
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Abstract
To date, the mystery of matrimonial regimes in Cameroonian law has not been resolved. Both legislative and case law confusion remains. Legal pluralism, different forms of marriage, discriminatory pre-torque mentalities are all obstacles that seem insurmountable in a context where uniformity in family law is a provocation and harmonisation a temptation. In addition, the fate of the property of divorced persons or of the surviving spouse is constantly subject to glaring legal insecurity. In the absence of clear legislative and jurisprudential guidelines, it is more than urgent that the power returns to the spouses through matrimonial agreements, which could be declined in marriage contract, liquidation agreement and mutability of the matrimonial regime. Thanks to these instruments, the fate of property will be better controlled and will no longer be subject to the arbitrariness of certain judges who sometimes appeal to legal pluralism or legislative vacuum to justify their decisions without real legal basis.
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