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The question of secrecy in Cameroonian personal and family law remains a


topical issue. In fact, secrecy constitutes one of the fundamental elements that
contribute to the well-being of all persons, which is why its legal basis is both
international and national. However, despite having an undeniable legal basis,
secrecy finds itself more and more in conflict with certain interests, which also
participate in the development of the person. The necessary consideration of
these conflicts of interest raises the issue of the place of secrecy in Cameroonian
personal and family law. The answer to this question requires a dual approach,
which leads us to note that because of its importance, the right to secrecy is a
recognized right. However, the highlighting of certain interests leads to the
progressive decline of this right.
Regarding its consecration, the objective of the right to secrecy is the
protection of the personality of the individual and the creation of a family bond.
Speaking of the protection of the personality of the individual, this is broken
down into the generic protection of personality rights on the one hand, and the
specific protection of confidences on the other. Whether it is a question of
generic or specific protection of confidences, the right to secrecy constitutes a
fundamental right. Its fundamentality results from its constitutional
consecration, notably in the preamble of the constitution, which is an integral
part of the constitution, in accordance with the provisions of article 65 of the
constitution. Infringement of this right exposes the perpetrator to penalties.
The progressive decline of the right to secrecy results from the emergence of a
general interest. Indeed, we see more and more that secrecy is limited by the
right to information which is also a right recognized to every person, and the
right to proof, which like the first, allows the development of the person of the
individual, and the safeguard of his rights. Taking into account these different
interests justifies the deconfinement of secrecy in Cameroonian personal and
family law. Along with the emergence of the general interest, secrecy is in
conflict with the private interest which is also emerging more and more. The
resolution of these various conflicts of interest necessarily involves taking into
account the mechanism for balancing these competing interests. Through this
mechanism, only the interests contributing to the development of the person of
the individual will be taken into account.

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