MECANISMES JURIDIQUES POUR LA MEILLEURE INDEMNISATION DES PREJUDICES CAUSES PAR LES MALADES MENTAUX NON PLACES SOUS REGIME JURIDIQUE DE PROTECTION

Abstract

The reparation for damages caused by persons with mental disorders in general, and by those not placed under a legal protection regime, has not yet been resolved by law in the Democratic Republic of the Congo. This fundamental right to reparation suffers in our country because victims of such damages are also victims of non-compensation due to the civil irresponsibility of the mentally ill, as established by Articles 258 and 259 of the Congolese Civil Code (Book 3), as well as the contractual incapacity of the mentally ill, as established by Articles 214 and 215 of the Family Code. This research is limited to proposing mechanisms for the reparation of damages caused by individuals with mental abnormalities not placed under a legal protection regime, as well as those placed under such a regime. To do this, the study analyzes certain articles of the Decree of July 30, 1888, regarding contracts and obligations; Ordinance No. 11-83 of February 14, 1959, regarding the housing of individuals whose freedom of movement poses a danger to themselves and to others; and Law No. 87/010 of August 1, 1987, on the Family Code, as amended and supplemented by Law No. 16/008 of July 15, 2016. To achieve this, the dogmatic method is mobilized using documentary and teleological techniques. Consequently, the study finds that Congolese legislation in this area is highly deficient. This explains the lack of reparation for damages caused by persons with mental disorders in the DRC. Among the mechanisms proposed for better victim compensation, the revision of the aforementioned laws and the establishment of a compensation fund for victims of such damages are necessary.