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Article

English, French

ID: <

oai:doaj.org/article:5db3a37932814a599f5c0cdc100beeef

>

·

DOI: <

10.5771/2363-6262-2017-2-157

>

Where these data come from
The ADHESION OF THE DEMOCRATIC REPUBLIC OF THE CONGO TO THE OHADA AND SON IMPACT ON THE Congolese RIGHTS OF AFFAIRS Cas of the City of Kolwezi

Abstract

Il is true that the recent accession of the Democratic Republic of Congo to the Organisation for Harmonisation of Business Law in Africa (OHADA) since 12 September 2012, through Law No 10/002 of 11 February 2010 authorising the accession of the Democratic Republic of Congo to the Treaty of 17 October 1993 on the harmonisation of business law in Africa, has provided this country with a modern law of business, updated and attractive to national economic operators, but also for international investors. This accession has just represented a major change for the country through a thorough reform of much of the legislation on business law. To this end, many pieces of legislation governing business law in Congo and especially in Kolwezi, most of which are not adapted to the business climate or even obsolete, have been replaced by the modernised Uniform Acts with immediate effect. This accession is also a decisive step towards the extension of the OHADA space whose continental vocation is stated in the Treaty. The fact that the Democratic Republic of Congo was born in the Organisation for Harmonisation in Africa of Business Law today remains a major factor not only for its prerogatives similar to a right of veto, but also for the enlargement of the organisation, its scope and its influence on the Congolese legal arsenal. As a result, let us say that this victory of this organisation in the Democratic Republic of the Congo has just proved the relevance and modernity of the Uniform Acts. However, it is important for us to know whether the Democratic Republic of Congo had really prepared for this accession to the Organisation for Harmonisation in Africa of Business Law. Let us say that even though the vast majority of lawyers, national and international businessmen, investors and others from Kolwezi or elsewhere are enthusiastic about the accession of the Democratic Republic of Congo to the organisation, let us also recognise that this phenomenon is at the same time the subject of some reluctance and internal discussions. Thus, the legal and sociological methods will serve as a framework throughout our thinking, supported by documentary techniques. Given that this is a treaty to which the Democratic Republic of Congo must accede, will it be necessary to revise the Constitution of the Republic before its accession to that organisation? I would say that, in accordance with the provisions of Article 215, that is not the case because that provision states that: as soon as they are published, international treaties and agreements have a higher authority than laws. In the course of my analysis, I shall therefore discuss the concepts of OHADA (A), the modernisation of Congolese Law of Affairs (B), the fears linked to the accession of the Democratic Republic of Congo to the Organisation for Harmonisation in Africa of Business Law (C), and new challenges for the Uniform Acts (D).

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