Designation of the judge under article 49 of AUPSERVE in Congolese law

Each jurisdiction has its own powers, in accordance with the principle that jurisdiction is always by attribution. Although this principle is well known, in the current practice of law in the Democratic Republic of the Congo, there is controversy over the designation of the judge referred to in article 49 of the aforementioned Uniform Act. This is due to the fact that the president of the Commercial Court hears disputes relating to a measure of forced execution or seizure of property, based on the commercial nature of the dispute and circular 004 of March 21; whereas this jurisdiction is attributed to the Justice of the Peace, notwithstanding the commercial nature of the case.