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Thesis

French

ID: <

10670/1.hh2viz

>

Where these data come from
Rescue procedures and coexistence of regulations in OHADA : the case of credit institutions

Abstract

African States were frequently criticised for becoming members of Integration Organizations whom fields of competence overlap, which can create an important risk of norms conflict. The application of the law of prevention and treatment of credit institutions' difficulties form a perfect exemplification of the normative competition which caracterize the relation between the different Organizations in charge of (in a global or partial manner) business law above the African Continent. When the law issued by the OHADA seems to organize the prevention and the treatment of bank resolution for every economic entity, the fear of a systemic risk and the vital protection of depositors have led the UMOA to produce a number of particular rules. Therefore, norms produced by the two Organizations aren't in agreement, which inevitably set the issues of legal certainty among the OHADA space. However, a global analysis of the bank resolution’s regulation allows us to notice that, in reality, a certain normative rationality exists. Indeed, a careful consideration of the OHADA and UMOA legal texts allow us to notice that, on both sides, there is a will to put consistency between the different norms. The result is a certain coherence of the crisis law applicable to credit institutions. It is, however, impossible to hide the fact that despite this texts' structure, some gaps remain because the credit institutions' special feature hasn't been sufficiently take into account regarding the prevention and the treatment of their failure.

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