and void a land sale made on joint property without the consent of the wife, based on the
provisions of Article 15 of this convention. The Judge considers: that the sale of a joint
property by a man without the consent of his wife is a violation of the aforementioned
supranational provisions (HC Wouri, Judgement No.281/Com of 15 June 2017, case between
NOUTEPING née NOUBISSIE Julienne vs Mr NOUTEPING Jean-Marie, the Société
Coopérative Mutuelle d’Epargne et de Crédit (COMECI SA).
2: Nationality of the Married Woman
813- Concerning nationality, law No. 68/LF/3 of 11 June 1968 to set up the Cameroon
Nationality Code, in its Section 32, states that a Cameroon woman marrying a foreigner shall
retain her Cameroon nationality unless she expressly renounces it at the moment of
celebration of the marriage. However, this declaration shall only be valid when the wife, by
application of her husband’s national laws, acquires his nationality.
814- Also, the foreign woman who marries a Cameroonian man, has the liberty at the time of
celebrating the marriage, pursuant to the provisions of Section 18 of the Nationality Code, to
declare that she wishes to acquire Cameroon nationality or not if she wants to retain her
nationality of origin.
3: The Name of the Married Woman
815- Regarding the name of the married woman, law No. 69-LF-63 of 14 July 1969 regulates
the use of names, surnames and nicknames and demands that the name be borne as written in
the birth certificate. In the practice and logic of the Maputo Protocol, women chose either the
format by law, or the addition of their husband’s name to theirs or to bear their husband’s
name. It is a personal decision.
§ 3: Protecting Women in Polygamous Marriages (Article 6 (c))
816- Polygamy is legal. The 1981 Ordinance on civil status considers it one of the
matrimonial systems spouses can choose when celebrating their marriage. However, the
lawmaker has not clearly outlined the regime specific to this matrimonial system and so the
Judge has the responsibility to build praetorian rules in favour of the woman in case of
dissolution of the marriage.
§4: Protecting Women during Separation, Divorce and Annulment of
Marriage (Article 7)
817- In order to protect women’s patrimonial as well as extra patrimonial rights and interests
in case of legal separation, divorce or annulment of marriage, legal provisions in the Civil
Code and 1981 Ordinance mentioned above have been supplemented by a Judge’s decision in
order to guarantee the effectiveness of these rights.
A: Protecting the Woman in case of Annulment of Marriage
818- The procedure for annulment of marriage is governed by the Civil Code and is subject to
non-respect of substantial conditions of the celebration of marriage, such as expressing
consent, death of one spouse or in case of bigamy. Whatever the case, when the wife is of
good faith, the effects of the annulment will run from the date of the decision as is in divorce
cases.
B: Protecting the Woman in Case of Divorce
819- Pursuant to the provisions of Article 77 of the 1981 Ordinance, “in the event of death of
one of the spouses or of legally pronounced divorce, the marriage shall be dissolved”.
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