Paper short abstract:

The present paper tries first to give an overview on the remains of originally colonial laws in order to discuss perspectives of legal re-adaptation.

Paper long abstract:

As every society, the African ones where based on their own laws until the arrival of colonialists. The history of contemporary African law is closely linked to colonization, even if the current laws are not exclusively influenced by the "West". The colonial law has been a very effective instrument in order to stabilize the power of the colonialists. Thus, the "Code Napoléon" of 1804 was not only an ideological means of political domination but also a means of acculturation and assimilation refuting diversity. The result was the neglect of African laws and a kind of legal dualism: on the one side the occidental law based on liberalism and individualism, on the other one African law based on oral sources and a communitarian idea of society. The neglect of African law continued until the 1970-ees when some pays started reforms in order to adapt their legislation to traditional African law. Some sensible aspects, as for example law concerning personal liberty or penal law, are until today closely linked to the "Code Napoléon". Nowadays, legislation and codification is an important issue, as the neglect of African law has to be considered as a cultural denial which contributes to the crises legal adaptability and validity of the post-independence. Currently, the task is to elaborate a legislation based on typical African law. The present paper tries first to give an overview on the remains of originally colonial laws in order to discuss perspectives of legal re-adaptation.