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African Civil Law Studies: a mixed-methods study of Law mechanisms and measurable outcomes across African contexts

Type de record:

paper
Créateur:
AliFumAbd
Éditeur:
Zenodo
Hôte:avatar
African civil law orders combine codified statutes, OHADA uniform acts, procedural codes and living customary and religious normativities, yet scholarship still oscillates between transplant pessimism and uncritical harmonisation advocacy. It reconceptualises mechanisms as structured linkages among code text, judicial interpretation, procedural access and plural normative orders, and it specifies what kinds of doctrinal coherence, procedural capability and institutional credibility can be measured with integrity. The proposed protocol integrates doctrinal reconstruction, court-level institutional inquiry and structured comparison with disciplined indicator use, illustrated through OHADA commercial law, family succession and land tenure. The contribution is a bounded, portable methodology that preserves civilian reasoning while permitting credible comparison across francophone, lusophone, arabophone and mixed jurisdictions.

Tags

African civil lawlegal pluralismOHADAcomparative methodmixed methodsrule of law

Licenses

Creative Commons Attribution 4.0 Internationalhttps://creativecommons.org/licenses/by/4.0/legalcode

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