Le voisinage en Afrique : plaidoyer pour la construction d’un droit africain du voisinage

Abstract

In Africa, a neighbour is generally a true brother even if at times, he may be a nuisance with the urbanisation. In spite of this aspect, few legal actions are taken out within the framework of neighbourhood. We may therefore be tempted to believe that the paucity of legal protecting conceals conflicts and provide an enabling environment for reconciliation. As corollary, laws regulating the conduct of neighbour as reflected in laws inherited from colonial masters and administrative authorities and which are still in force in most African countries are not well adapted to local realities in these countries. This, without doubt, provides the impetus for the continent to develop its own laws to regulate the conduct of neighbours. This development must be orientated towards the relaxation of certain rules governing this domain. Three main ideas could support this view. Firstly, the law in force still include out of court rules such as those governing joint ownership. Secondly, as previously said, law providing strong individual rights are not adapted to the African context. Thirdly, modern legislation encourages conciliation as the first step to legal proceedings.