The Problem of the Dot in the Democratic Republic of the Congo

Article 363 of Law No. 16/008 of July 15 2016 amending and supplementing Law No. 87-010 of August 1 1987 relating to the family code: the dowry is determined according to the habits and customs of future spouses.In DR Congo / Kinshasa there are more than 450 tribes or cultures and customs. However the dowry is one of the basic conditions for marriage.It is therefore a conflict-causing element of married life. Insofar as this element is also maintained by Congolese law relativized by other African legislation and elsewhere it is necessary to decree the urgency of analyzing it in order to propose to the legislator a new framework for its reformulation. This would prevent Congolese society from the resurgence of divorces.The present work is therefore part of the quest to fill the customary gaps on the one hand and to fill the gaps by trying to expose with a minimum of clarity the theories and practices in the Binja custom. It is a theoretical and practical tool within the reach of any researcher in customary law.The dowry poses more problems than it solves by promoting certain phenomena like Yaka to vanda; we must revisit its place as a basic condition.