International Journal of Social Science and Humanities
2019, Vol. 1, Issue 4
Limitations and prospects of tenant protection in the democratic republic of Congo positive law: the case study of gbado-lite city in nord Ubangi province
Urbain Mazo Nyate, Modeste Ndaba Modeawi, Jonas Mbaya Kusagba, Gédéon Ngiala Bongo, Ghislain David Kasongo Lukoji, Koto-te-Nyiwa Ngbolua
According to the lease agreement, many people in the Democratic Republic of Congo generate income that will enable them to meet their basic needs. In fact, in the landlord-tenant relationship, a significant amount of imbalance has always emerged from which the tenant is victim because, as the non-owner of the building to be rented, nevertheless, the said contract, the autonomy of will, i.e. each party has a freedom in the conclusion of the contract. This situation is almost identical throughout the Republic and even in the city of Gbado-Lite where landlords reign as absolute masters, imposing the rent rate, causing a lot of abuse during the execution of the contract. To remedy this situation and ensure the protection of the consumer as a vulnerable person, legislative intervention was needed that could strike a balance between the landlord and the tenant. Thus, a series of texts have been adopted in this direction, namely the decree of 30 July 1888 on contracts and contractual obligations and law n°15/025 of 31 December 2015 relating to non-professional leases. The first text, having failed to provide effective and efficient consumer protection, could be corrected by the second in order to strengthen this protection by providing for even criminal sanctions in its provisions against any offender (especially the landlord). In the context of this study, in the sense of consumer law, the tenant must be considered as a consumer in matters of leases, which must be protected against abuse by the professional landlord. Although Law No. 15/025 of 31 December 2005 is promulgated and published in the Official Gazette, it continues to suffer from its application. It is bitterly noted that this law remains a dead letter in the sense that the State, which is called upon to play a leading role in its implementation, is failing. There is therefore an urgent need to ensure the effective and efficient protection of tenants in the Democratic Republic of Congo in general and those in the Gbado-Lite city in particular.