Dissertations / Theses on the topic 'Droit – Réforme – Afrique'
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Ngomo, Angéline-Florence. "Le projet de code des sociétés de l'UDEAC : étude d'une réforme." Paris 2, 1989. http://www.theses.fr/1989PA020042.
Full textThe following work is a critical reflection about the bill of code for the companies of the customs union of the central african states (u. D. E. A. C) it tries to highlight both the advantages and the drawbacks of this reform by a structural and functionnal analysis. This reflection has helped us to draw a double conclusion. In several fields, the bill of code for the companies of the u. D. E. A. C does not change much. However it does bring many new solutions even if these changes can sometimes be questionable particularly as far as their consequences are concerned. This is particularly the case of the new definition of the company or the case of the institutionalization of a control by registered professionals. However, this drawbacks are just minor ones and do not affect the worth of the reform which has been proposed
Assontsa, Robert. "Le juge et les voies d'exécution depuis la réforme de l'Ohada." Strasbourg, 2009. http://www.theses.fr/2009STRA4018.
Full textThera, Fatoma. "L'application et la réforme de l'acte uniforme de l'OHADA organisant les procédures collectives d'apurement du passif." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/out/theses/2010_out_thera_f.pdf.
Full textThe application and the reform of the Act of OHADA uniform procedures organizing collective liability of clearance the ohada Uniform Act organizing collective procedures for settlement of liabilities occupies a central place in business law and harmonized set by Member States of the organization. The procedures of preventive settlement, bankruptcy and liquidation of assets imposed by the community text aim at the safeguard of the company and the payment of creditors. However, the critical approach to their implementation and the rules, techniques and solutions to establish how they are equipped, reveal the existence of sluggishness, gaps and shortcomings that make them unable to achieve fully the goals assigned to them. It then becomes necessary in light of these findings to propose a deep reform of the text. This approach focuses on preserving the company with such activity and results materially by strengthening prevention and rehabilitation of bankruptcy proceedings and liquidation of assets. These levers which associate the freedom of the contractor and the intervention of the court ensure a balance between the purposes selected. Also, it appears very clearly that the work of construction of the law firms in difficulty from the OHADA brilliantly initiated by the legislator must be pursued
Ky, Eric. "L'intégration par la commande publique : la réforme du droit des marchés publics dans l'Union économique et monétaire ouest-africaine." Poitiers, 2004. http://www.theses.fr/2004POIT3005.
Full textAndrew, Nancy. "Réforme agraire et dynamiques sociales du conflit foncier dans les campagnes sud-africaines." Paris 5, 2005. http://www.theses.fr/2005PA05H020.
Full textThe thesis explores the dilemmas behind South Africa's politically-strained process of landreform since 1995, by looking at rural social conflict : by looking at rural social conflict : African women's limited access to land, the precarious situation of farmworkers and labour tenants, large numbers of whom were evicted from the white-owned farms in the face of potential land rights, and the painfully slow land restitution programme. Crucial areas of debate are presented : how much capitalism has transformed agrarian social relations, sharp differences over the goals and market approach of land reform, its targets and poor results, as well as the major structural hurdles facing the ANC in the context of the 1994 social compromise. How to handle the paradox of democratising a property system that anchored apartheid but continues to underpin the current economic order? A comparison with Zimbabwe's controversial fast-track expropriation after 2001 concludes the study
Nzepa, Serge. "Le rôle du programme d'ajustement structurel dans la réforme du régime de l'investissement étranger adoptée par les pays d'Afrique subsaharienne surendettés." Paris 1, 1997. http://www.theses.fr/1997PA010280.
Full textThis thesis emphasizes the role of structural adjustment program (SAP) on the foreign investment reform adopted by the heavily indebted subsaharan african countries. In the first part, the author shows that the sap has become a fundamental rule that subsaharan African countries must now comply with in all their economic conduct, including their conduct towards foreign investments. First, he describes the causes of the sap's adoption by African countries, especially their balance of payments crisis occured in the early 1980 s. , and their indebteness. Afterwards, he points out that sap fonction is to guarantee subsaharan african countries' external debt towards their creditor. Finally, he shows that the performance of this rule is sanctionned by a strict control ensured by ifm. In the second part, the author deals with the foreign investment reform adopted by subsaharan African countries in order to comply with sap. First, he studies the principal measure adopted by these countries, especially the national investment code liberalization. Then, he stresses the other national measures carried out such as public enteprises privatization and export free zones. Finally, he analyses the international extensions of these national measures such as bilateral investment treaties, the world bank guidelines on the treatment of foreign investment and the political risk guarantees (national garantees and miga's garantee).
Bitsamana, Hilarion Alain. "L'ineffectivité du droit du travail à l'orée de la réforme OHADA." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0016/document.
Full textThis thesis is a compendium of various of rights which are currently victims of African workers by their employers despite various legislations in the work that exist in all states parties ; to the point where they appear to live another operation after slavery and colonialism. They live poverty on a daily basis. These evils are recognized both in the individual employment relationship as in public reports. This is how some employees are recruited following tests of complacency, if not corruptly there, without a working document ; others work for years to collect wages, without bonus, without leave, in terrible working conditions. As for collective reporting irregularities, to better trick these workers are excluded from the management company born with the right of expression or of the right to participate in the performance of the company still less than exemplary collective representation by the staff representatives and trade unionists. In case of dispute they have virtually no state protection by labor inspectors and judges. So out of this acute crisis in the sector private work that wreaks havoc for many years after independance, well there is a view through the OHADA reform, national and international authorities to ensure the correct application of the right to work by taking the measures that are necessary. Otherwise the reform of the labour law envisaged by the OHADA of the Right Business is also doomed to failure
Mabiala, Umba Di Kama Beti. "La fiscalité des pays de l'Afrique subsaharienne : problématique de leur rendement et solutions à l'inadaptation des systèmes." Paris 2, 2001. http://www.theses.fr/2001PA020050.
Full textKebe, Aboubacry. "Les transformations du droit des services publics en Afrique francophone : l'exemple du Sénégal." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH002.
Full textIn essence, by codifying administrative law, the Senegalese legislator adopted an essentially organic definition of the concept of public service, which consists in entrusting the management of the public service exclusively to legal persons governed by public law. This mainly organic criterion has been widely denounced by legal writers, who note the absence of a rigorous definition of the concept of public service, which does not associate private individuals with public management and which does not take account of its developments in France.This Senegalese concept of public service has been called into question by endogenous and exogenous circumstances. Initially, the organic criterion of public service was affected by the crisis of the interventionist state, which resulted in "less state, better state". Then, the organic criterion of the concept of public service has suffered the effects of community law of the WAEMU and OHADA since they put forward a functional or material criterion to govern the activity of public bodies involved in the economy. In addition, the UEMOA recommends performance obligations to Senegalese public services, which impact on the traditional conception of public service. These changes have also justified public service reforms and the renewal of public management favored by the emergence of African Union instruments, through the African charter of public service. It is therefore a question of confronting the organic conception of the public service with the test of the changes undergone by the administrative law and the public services
Ndongo, Céline. "Le nouveau visage de la prévention en droit OHADA." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D004.
Full textOn September 10, 2015, OHADA adopted a new law for companies in difficulty through reform of Uniform Act organizing Bankruptcy Proceedings for the wiping off debts . Indeed, eight years after the first works of amendment, the revised law has finally been adopted at Grand Bassam (Ivory Coast), during the 40th meeting of OHADA's Council of Ministers. The event is not unimportant insofar as the old text clearly showed its inability to safeguard viable enterprises and to liquidate quickly those that were no longer viable. On 24 December of the same year, in accordance with the Community texts, the new law came into force in the entire OHADA's space. One of the striking points of this reform is doubtless the special place granted to the prevention of the difficulties of companies by the legislator. Indeed, since prevention is better than cure, the legislator improved the old procedure, but also introduce a new one named « conciliation ». He has not failed to organize the status of judicial officers who intervene in both preventive and curative matters. Following this reform, two questions can mainly arouse the interest. Firstly, one can wonder what really changed in the legal prevention of the difficulties of the companies in OHADA's space, and secondly, one can wonder right now about the means of improving the reception of this law by his recipients namely debtors, experts and magistrates. The answers to these questions will hopefully facilitate the implementation of this new OHADA preventive policy
Keita, Kalil Aissata. "L'influence du droit administratif français sur le droit administratif guinéen." Thesis, Normandie, 2020. http://www.theses.fr/2020NORMR036.
Full textThe influence of French administrative law on Guinean administrative law results from the historic link marked by colonization between the two states. Thus at independence, the construction of Guinean administrative law will be based on the previous legal scheme even if the latter had been deemed unsuitable for the Guinean context. This is the case with the concepts of public service, administrative police, unilateral administrative acts, administrative contracts. This is also the case for the varieties of control to which administrative action is subject, such as litigation control through the various contentious appeals and administrative responsibility or non-judicial control through hierarchical control, administrative and financial control, political and institutional control. It is a question of returning to the primitive contradictions relating to the process of construction of Guinean administrative law based on the French legal experience. This Guinean administrative law, which is basically derived from French administrative law, faces difficulties in application in Guinean society. This raises the question of its effectiveness. It has obviously not been redesigned to be used for the development of the recipient company. It is bypassed sometimes diverted or even rejected due to its discrepancy with the local legal culture. It is misunderstood. He still struggles to acclimatize and take shape in Guinean society. Citizens have not yet appropriated because they ignore it. It is a question of returning to the contradictions resulting from the application of Guinean administrative law from the perspective of critiques of the law. Faced with these difficulties of application, it seems necessary to redefine Guinean administrative law taking into account the local legal culture
Bissaloue, Sylvie. "La renégociation contractuelle en droit français et en droit de l'OHADA." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1051.
Full textRenegotiation remains one of the most exciting but also the most controversial judicial mechanisms of the last two centuries. In long-term relationships, which are more sensitive to changes in circumstances, contract efficiency and flexibility are linked. Since the Craponne Canal 1876 legal judgment, it was assumed that renegotiation could arise only when supported by the parties or the contractual term. In France, the 2016 civil code reform breaks with this case law and definitively establishes the doctrine of unforeseeability. Although important progress has been made, the duty to renegotiation still remains unclear. This is also the case for the recognized importance of contractual autonomy. The OHADA law is favorable for renegotiation. Launched as part of a set of uniform judicial acts on contract law, the legislator intends to devote renegotiation for hardship. This law could well learn from the reform of French law, but also from the experience of African courts. African judges, quickly became aware of the inadequacy of a rigorous application of the civil code of 1804 to legal cases consistent with the African socio-economic context which is different from that of a french defendant. As a consequence, these judges, using various strategies, would often impose contract renegotiation when necessary. Nowadays, renegotiation is commonly used in trade and this might well strengthen the OHADA legislator in developing the future uniform act on contract law. For this, information provided by the arbitral jurisprudence on the matter will be valuable
Diarra, Zoumana. "Les mutations de la haute fonction publique au Mali : une contribution à l'étude de la réforme de l'Etat." Phd thesis, Université de Grenoble, 2014. http://tel.archives-ouvertes.fr/tel-01058363.
Full textMbuyu, Kabwe Tracy. "La responsabilité sociétale des entreprises selon les nouveaux codes miniers africains." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020084.
Full textThe contribution of the mining industry to the sustainable development of African States is a key issue of the mining codes new strategy of reform. Indeed, African states are looking for a new model of regulation of the mining sector that serves their interests. Although mining investments contributed significantly to the economic growth of many African States, they did not give impetus to their sustainable development. Faced with a mining regulation system considered mostly profitable for mining companies and unprofitable for the States, the need to reform the mining regulation system became a priority and gave birth to a new reform movement of the African mining codes. In addition to economic interests, ancillary interests such as the rights of local communities, the protection of the environment and human rights are at the heart of the current reform movement and seem to find remedy in the corporate social responsibility provisions of the mining codes of the new generation. The present thesis exploits both the contours, the content, and the legal effects of these provisions. It examines whether they are truly binding on mining companies and lead to an effective inclusion of sustainable development objectives in the African mining industry. With regard to the regulatory issues of transnational companies and considering the various points of weaknesses in the social responsibility regimes of the companies studied, this thesis proposes the international law as a tool to reinforce the internal systems of regulation in place. The internationalisation of African mining codes, the constant influence of international soft law on corporate social responsibility, and the possible advent of a transnational system of hard law regulation relating to corporate social responsibility, lead us to export the issue at the heart of the present thesis beyond the national borders of African States
Diakhate, Serigne. "La lutte contre la délinquance économique et financière dans l'Union Economique et Monétaire Ouest Africaine (UEMOA) et dans l'Organisation pour l'Harmonisation du Droit des Affaires en Afrique (OHADA) : état des lieux et perspectives." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D007/document.
Full textEconomic and financial criminality, constituted by all illegal activities, which can be committed individually, in companies or organized groups, has different methods of action than those of violation of common law. Most often, they are committed by clever means (trickery), fraudulent (false for example), by the exploitation of trade secrets or confidential data (insider trading), requiring knowledge and know-How of the business world, or even financial engineering against individuals, companies, the State or international organizations. Most often, their finality is the search for easy gain. therefore dirty or black money is the fruit of illegal or criminal activities. This money is at the center of economic and financial crime. It is the driving force behind it. This is one of the reasons why the fight against this form of crime must have as main objective the seizure of assets of criminal origin. In this sense, we have made in these study proposals for reform in the penal codes and criminal proceeding of the States belonging to the WAEMU-OHADA sphere and to include disposal enabling effective seizure. This issue of seizure of assets of illicit origin shows how difficult it is to fight this form of delinquency. Because today, the action of States taken individually to fight this scourge, has lost its effectiveness. Therefore, the treatment of this delinquency should necessarily involve a harmonization of the criminal business law of the OHADA and a standardization of the economic and financial criminal law of WAEMU. However, this battle at Community level is not without some difficulty, to the extent of that the member states of these two organizations do not wish to abandon the power to draw up criminal sanctions against Community incriminations applicable in their territory to the benefit of the community institutions. From where the necessity to take account of the need to harmonize criminal law rules penalties against community law violations. on the one hand and the imperative of respect for State sovereignty on the other, even if these two imperatives are difficult to reconcile. At all events, in order to make efficient the fight against this criminal phenomenon, the current plan of action must evolve towards new and more appropriate instruments. Thus, are typologies of measures relating to criminal law in form and substance proposed at both national and regional level. Indeed, a fight envisaged at a single level is in advance tied to failure. It is thus necessary to establish real judicial cooperation in the WAEMU-OHADA area for an effective fight against economic and financial crime in this area
Fipa, Nguepjo Jacques. "Le rôle des juridictions supranationales de la CEMAC et de l'OHADA dans l'intégration des droits communautaires par les Etats membres." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020030/document.
Full textThe Communautary Court of Justice (CCJ), the Communautary Court of Account (CCA) and the Common Court of Justice and Arbitration (CCJA) are the three supranational jurisdictions respectively created by EMCAC and OHBLA treaties to reinforce the new processes of economical and judicial integration for their member States. In the measure where these jurisdictions are competent to exercise a juridictional control, by determining the communautary norms, the first control being carried out by the national juridictions, the conception, the organisation, the functioning, the characteristics, the roles or competences of these new jurisdictions and also the destiny of the decisions they rend in their strictly judiciary functions or in their accessory functions of supporting the arbitral procedure, present an interest worthy of a doctorate research. If it appears that the supplementary Milestones of efficiency of the new processes of integration had been installed by the creation of the said jurisdictions, it had also been observed that the gravities of jurisdictional, structural or functional order continue to delay the speed of cruise. The solutions that we have proposed to overcome these difficulties involves the reorganization of communautary jurisdictions, the clearly distribution of competences between them, the reinforcement of the communautarian law control procedure, a permanent vulgarisation of integration law, a revalorisation of executary titles, a clarification of immunity of execution domain, a development of the recovery procedures, a continual training of judicial actors, and improvement of their working and living conditions, a resurgence of moral ethic, a real independence of the Justice… This means that the study put a stress on the obstacles which hold up the new processes of integration and propose solutions to perfect the legislative texts and their jurisprudential interpretations, in the perspective of accelerating the economic development of the concerned States, for the best global prosperity of the world’s economies
Ahmed, Ezzat Riham. "Towards more effective regulatory reforms : Four empirical essays on the telecommunications reforms in MENA region." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E017.
Full textAt this stage of development of the telecommunication sector, it is still concemed with issues related with the triptych regulation - re-regulation, privatization and competition. Although the institutional and regulatory framework of the telecommunication industry has changed radically since the 80s, a lot still remains to be done notably in developing countries. Due to pressures from international institutions, developing countries are privatizing their state owned incumbent operators, allowing entry of foreign and domestic operators and establishing separate regulatory institutions, a a way to alleviate the existing poor performance. The case of Middle East and North Africa region (MENA) countries ca be distinguished from two perspectives, first, they were Iate in implementing reforms compared to other groups of developing countries. Second, the institutional, political and economic nature of such countries shapes their decisions regarding the adoption of different reforms. This study aims at discussing the introduction of different telecom reforms depending on the institutional, political and economic specificities per country. We also aim at testing the effect of different reform sequences on the sector performance. The impact oftelecom market restrictions on MENA telecom performance is also addressed. Finally, we study the phenomenon ofFixed-mobile substitution in MENA region and its implications. We reach important empirical results that help to derive useful policy implications in MENA telecom sector