Query : Droit OHADA
- PAYAN, guillaume3
- André Desmonds Eyango Djombi2
- Boy, Laurence2
- KAGISYE, Emmanuel2
- Ngoumtsa Anou, Gérard2
- Ponsot, Dominique2
- Ahoua, Désiré1
- Allam, Yassine1
- Auvergnon, Philippe1
- Ballal, Olga1
- Bampoky, Boniface1
- Bepyassi Ouafo, Vicaire1
- Dagbedji, Obougnon Gbénou Charlemagne1
- Diaby, Mariama maty1
- Diallo, Abdou1
- Dieng, Salimata1
- Dingamgoto, Thomas1
- Dobassy, Lamine1
- Dodou, Bienvenue1
- Eder MBALA KAZADI1
- Social Anthropology and Ethnology1
- Economies and Finances1
- Cultural Heritage and Museology1
- Political Science1
The protection of real exclusive securities in the collective proceeding in French-OHADA comparative law.
A company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to pr...
The OHADA labour law project; a reference for occupational health and safety rights in sub-Saharan Africa?
Reflection on the question of arbitration in the zone of ohada
Firstly, arbitration should be a primary motivator for the creation of the Oganization for Harmonization of Business Law in Africa to fight against the legal insecurity and promote development. This arbitration taites it’s inspiration from rules of international arbitration which gives a particular...
Arguments — January 2019
Flavia CALOPRISCO, Building a specific right to the protection of personal data in the European Union Paris Est-Créteil-Val de Marne, 9 January 2019 (Organisations, Markets, Institutions) For more information on Oumar BAH, The effectiveness of arbitration in the OHADA area: the role of the State jud...
La notion de bail professionnel en droit OHADA et ses implications sur la théorie générale du fonds de commerce
The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style or simple semantics?...
The DEMOCRATICAL REPUBLIC ADHESION OF THE CONGO TO OHADA AND SON IMPACT ON THE Congolese RIGHT OF AFFAIRS Cas of the city of Kolwezi
It is true that the recent accession of the Democratic Republic of the Congo to the Organisation for Harmonisation in Africa of Business Law (OHADA) since 12 September 2012, by means of Law No 10/002 of 11 February 2010 authorising the accession of the Democratic Republic of Congo to the Treaty of 1...
Les pouvoirs d’office du juge des procédures collectives de l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) et les principes cardinaux du procès
The law of collective proceedings for clearing off depts which replaces the former bankruptcy law pursues an economic objective the reason why it carries certain exceptions to the common procedure law. As such, the judge of collective proceedings has powers of initiative in the institution and condu...
Power of reference of the Joint Court of Justice and Arbitration in cassation: What is the impact on the Congolese judicial system?
the Congolese judicial system has not remained unchanged with the accession of the Congolese State to the Organisation for the Harmonisation of Business Law in Africa since 2012. The immediate application of the rules of OHADA law has had palpable effects within the national legal order, in particul...
La prise en compte du statut d'époux par le droit des affaires de l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA)
Taking into account the status of spouses by business law of the Organization for the Harmonization of African Business Law (OHADA) is referring to general commercial law and company law. The OHADA legislator values the status of spouses devoting equality between spouses, through the possibility fo...
International audience Several national and regional legal systems coexist in french-speaking Africa. One important question today is to know which competition law should be chosen.
OHADA law and economic development in Cameroon from 1995 to 2020 : historical contribution to a theory of the economic analysis of law in sub-Saharan Africa
In the decade 1995 to 2005, 17 states of Sub-Saharan Africa came together to form a legal integration organization, in order to standardize their business law and establish a flow of confidence for investments. OHADA (Organization for the Harmonization of Business Law in Africa) had to put an end to...
The obligation of good faith in OHADA law: analysis from commercial sale
Restructuring law of OHADA commercial companies, comparative research with Frenc Law
In a context of globalization, the african companies have to adapt themselves permanently to economic legal or social contingencies. Conscious of that reality, african legislator set up within the OHADA reform legal measures to allow theme acclimatize to the tendencies and markets pression : the res...
Rescue procedures and coexistence of regulations in OHADA : the case of credit institutions
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 exemplificat...
OHADA secured transactions and efficiency
Observing the law of secured transactions through the prism of efficiency reveals the reason why real and personal securities suffer as much from the competition from insurance law. Why are so many creditors no longer satisfied with their rights under the security agreement? Why are more and more pe...
Creditors’ payment guarantees in collective OHADA proceedings: study in the light of French law
The French summary was not provided by the author. The English summary was not provided by the author.
The protection of the creditor in the uniform right of recovery of the debts of the OHADA
A creditor who initiates the simplified debt collection procedure established by the OHADA States is exposed to procedural complications that hold on to the risk of ineligibility to the procedure, the risk of prescription of the claim, the risk of abusive dispute, the risk of nullity of injunctive t...
The requirement of legal certainty in debt collection
Inspired by the belief grounded on inequalities between parties, theenforcement law continues to design a fast, safe and inexpensive debt recovery. Tomeet this challenge, the OHADA law made legal certainty requirement which mustshow its ability to live up to the expectations of the different parties...
The challenges of European contract law harmonisation
European contract law is a forward-looking reality. This is a reality because, in addition to positive manifestations, it is supported by body texts from doctrinal working groups or the European Union (even more so since the proposal for a Regulation of 11 October 2011 on a Common Sales Law). A pros...
What competition law for French-speaking sub-Saharan Africa?
for some twenty years, the competition law of developing countries, specifically in sub-Saharan Africa, has attracted growing interest among academics. Many reforms have been adopted to promote economic efficiency and attract foreign investors. In this context, economic integration has emerged as on...
Games of competition: what place for the Commercial Code in the Zone?
proceedings of the Study Days on “The bicentenary of the Commercial Code: challenges and opportunities in the Indian Ocean”, Colloquium organised by the Chamber of Commerce and Industry of La Réunion with the participation of the Faculty of Law and Economy of La Réunion, 9 November 2007
The Uniform Act on General Commercial Law
Study Days on “Harmonisation of business law in Africa by OHADA: A way to attract foreign investment in Africa”, Colloquium organised by the Faculty of Law and Economy of La Réunion, 8 December 2009
OHADA’s law: a source of inspiration for national legislators?
communication presented at the conference “OHADA Business Law, Instrument for the Promotion and Securing of Investments in Africa”, Maison de Droit Vietnamo-française de Hanoi, 28 January 2010
Substantive law and sub-regional integration in Central Africa: contribution to the study of the changes in Community law of the Economic and Monetary Community of Central Africa (CEMAC) Substantive law and sub-regional integration in Central Africa: contribution to the study of the changes in Community law of the Economic and Monetary Community of Central Africa (CEMAC): under the leadership of Louis Balmond
Summary of thesis The failure of the UDEAC and the common policies designed to achieve the customs union between the Central African States has led them to call into question all economic integration policies undertaken since their accession to international sovereignty. Analysis of the causes of th...
Legal environment for business in Africa: OHADA Legal and Judicial System
The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established by the Port Louis Treaty of 17 October 1997. The Treaty was originally signed by 14 States and OHADA now brings together 17 African countries and remains open to any African Union Member State and any State whic...