any event, the validity of such marriage depends on consent given by the spouses to be and
the parents of the minor spouse when celebrating the marriage.
806- In view of harmonising the minimum age for marriage under Cameroon law, Section 356
of the Penal Code has reserved sanctions against whoever gives into marriage a person under
18 years without distinction as to sex.
§2: Registration of Marriage and the Impact on Property, Nationality and
Name (Article 6 (e) to (j))
A: Registration of Marriage
807- The celebration of marriage is governed by provisions of the 1981 Ordinance. A
marriage shall be celebrated by a civil status registrar of the place of birth or residence of
one of the spouses to be, shall be duly registered and mention shall be made in the margin of
the birth certificate of each of the spouses. To take precautions against the situation of
customary marriages which place women in a position of legal insecurity, Section 81 of the
1981 Ordinance provides that such marriages shall be recorded in the civil status registers. To
encourage couples to make their unions official, a policy of collective celebration of marriage
has been implemented. Between 2013 and 2017, over 10,552 marriages were celebrated in
this manner.
B: Impact of Marriage on Property, Nationality and Name of Married
Women.
1: Protecting the property of the married woman
808- The system of managing the property of a married woman depends on the matrimonial
regime under which the marriage was celebrated. Indeed, according to the Civil Code
applicable in this case, a woman can be married under the joint property, separate property or
dowry regime. However, the spouses always avoid choosing a regime and consequently their
property is governed by the legal system, that is, that of joint property and acquest as provided
for in Sections 1441 and following of the Civil Code.
809- If the woman solely administers the property she has acquired with funds from her
activities, joint property is administered and managed by the husband. In order to protect the
married woman from possible misconduct of her spouse, the Civil Code provides in its
Section 2121 that the rights and claims to which the legal mortgage is granted are those of
married women over their husbands' property.... The married woman under joint property
however benefits from a legal mortgage on her husband’s property.
810- This system of protection is supplemented by the legal warranty for women. Indeed, in
order to protect their rights, some women ask the judge to grant them authority to register a
legal mortgage on immovable property acquired in marriage (Dame Mensa Gozo, Ruling No.
1109 of 15 November 2017 by the President CFI Dla-Bonanjo to authorise the applicant to
register a legal mortgage on an immovable property acquired in marriage and belonging to the
spouses).
811- Others opt for the original method of diverting seized assets pursuant to Article 299 of
the OHADA Uniform Act on enforcement proceedings and demand registration of a judicial
prior entry as was the case in Dame Ngobo Mbella spouse Ndedi Felicite, Ruling No. 1270
of 22 March 2018 by the President CFI Dla-Bonanjo.
812- Finally, legal protection also extends to joint immovable property of the spouses
managed by the husband. Thus, the sale of real estate property by the husband without the
knowledge of the wife was cancelled by the Judge pursuant to the provisions of Article 15
CEDAW, as the following examples illustrate. The Wouri High Court has had to declare null
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