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Journal articles on the topic 'OHADA law'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 March 2025

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1

Enonchong, Nelson. "The Harmonization of Business Law in Africa: Is Article 42 of the OHADA Treaty a Problem?" Journal of African Law 51, no. 1 (April 2007): 95–116. http://dx.doi.org/10.1017/s0021855306000222.

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AbstractThe primary function of the Organization for the Harmonization of Business Law in Africa (OHADA) is to modernize and harmonize the business laws of member states. The wider objective of OHADA is to attract foreign investment into the OHADA zone and to achieve economic integration in Africa as whole, as other African countries join OHADA. However, article 42 of the treaty establishing OHADA stipulates that French is the working language of the organization. This paper argues that this provision does not facilitate the goal of economic integration in Africa and that in one member state, Cameroon, article 42 presents serious constitutional and human rights difficulties. The paper suggests that article 42 should be amended in order to make it easier for key OHADA objectives to be attained and in order to remove the serious problems created in Cameroon.

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2

Mancuso, Salvatore. "OHADA Report." European Review of Private Law 20, Issue 1 (February 1, 2012): 169–83. http://dx.doi.org/10.54648/erpl2012009.

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Abstract: The complexity of transnational sources is approached in this paper through the analysis of a regional report prepared through national reports of the member countries of the Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA). The report contains the summary of the answers given by national reporters to nine questions prepared with the aim of investigating the difficulties related to the interaction of overlapping laws at a regional level. First, the problem of fragmentation related to both national/international and regional/interregional sources of law and jurisdictions is considered, and the major actors in the detection of the conflict of laws are listed. Then, several responses (both only proposed or already implemented) to cope with the fragmentation issue are presented, according to the differences in each country. In addition, a number of monitoring mechanisms put in place by the executive powers of each country in order to avoid superimposition of laws and regulations at different levels are enumerated. Additionally, the issue of judiciary organization, training, and functioning is addressed in relation to transnational sources and specialized judicial institutions. The emerging strategies used by the judges in order to avoid the complexity due to the overlapping legal rules are studied, but no specific strategies are actually identified. Finally, a tentative evaluation of the efficiency of the national courts in dealing with superimposition of laws is proposed to national reporters. However, the general problem of the lack of information and the scarce accessibility to the jurisprudence emerges and makes the aforementioned evaluation difficult.

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3

Monsenepwo, Justin. "Quo vadis, OHADA Private International Law?" Uniform Law Review 26, no. 2 (June 1, 2021): 345–76. http://dx.doi.org/10.1093/ulr/unab020.

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Abstract Twenty-eight years after the creation of the Organization for the Harmonization of Business Law in Africa (OHADA), private international law remains a “Cinderella subject” in western and central Africa. Indeed, there are no coherent sets of rules regarding the law applicable to contractual obligations, international jurisdiction, as well as the recognition and enforcement of foreign judgments under OHADA law. This article contends that the main reason behind the lesser importance given to private international law in the OHADA region can be found in OHADA’s unification technique itself: OHADA unifies (and does not merely harmonize) business law. Its Uniform Acts are directly applicable and overriding in all the Member States; therefore, one could (erroneously) think that courts would never have to grapple with difficult questions as to which Member State’s law would apply to a dispute falling within the scope of a Uniform Act, as the laws of all the Member States would yield the same results. This article demonstrates that the Uniform Acts are incomplete either because they contain gaps or because they sometimes refer to the national legislations of the Member States. Thus, the unification of the substantive rules does not eliminate the need for the existence and the unification of conflict-of-laws rules. Moreover, this article provides a tour d’horizon of the existing seldom private international law rules under OHADA law. Additionally, it suggests new avenues for the development of a future OHADA legislation on the law applicable to contractual obligations, international jurisdiction, as well as the recognition and enforcement of foreign judgments.

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4

Nguru, Aristide Kahindo. "THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG." Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 99–114. http://dx.doi.org/10.25159/2520-9515/1090.

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Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.

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5

Zefanya, Anastasia. "Harmonisasi Hukum Bisnis Transnasional Di Negara Kamerun." IKRA-ITH HUMANIORA : Jurnal Sosial dan Humaniora 6, no. 3 (November 1, 2022): 43–53. http://dx.doi.org/10.37817/ikraith-humaniora.v6i3.2183.

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An important question concerning legal uniformity under OHADA is, can OHADA bridgebetween the common law system and the civil law system? Is OHADA compatible with commonlaw? Does OHADA have the capacity to address the diversity of African legal and judicialtraditions? Does OHADA take into account African cultural and traditional norms? It seems thatif not, then the integration process will be an uncomfortable marriage. Can Cameroon's longitudebe maintained, much less promoted, in the context of OHADA? Can meaningful reforms takenational particulars into account? The thing that is of greater concern is whether OHADA canaccommodate the contradictory conditions of contemporary society and the challenges ofglobalization and modernization. The right approach should be to promote laws, principles, andpractices that conform to conventional and universally accepted standards of fairness and justicethat are modified to suit the realities of Cameroon and Africa. This article will discuss thehistorical background of Cameroon's legal framework, the nature, current trends of Uniform Lawreform, and the challenges of developing and implementing the OHADA Agreement and theUniform Act. Finally, in keeping with the spirit and philosophy that the legal system is meant toserve as the touchstone of justice and equality, this Article proposes its way forward with theOHADA Agreement and the Uniform Act, which have come to stay

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6

Fontaine, Marcel. "Les objectifs de lharmonisation du droit des contrats Deux projets OHADA et les Principes OHADAC: objectifs contrastés." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 393–408. http://dx.doi.org/10.54648/erpl2016026.

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Abstract: The trend towards harmonization of contract law is increasingly developing, but orientations may be very different, due not only to the respective contexts, but also to the nature of objectives pursued. The present essay describes and compares three recent harmonization projects, two in the African context of the Organisation pour l’harmonisation en Afrique du droit des affaires (OHADA), the third one initiated by the Organisation pour l’harmonisation du droit des affaires dans la Caraïbe (OHADAC). The first African project, as requested by the Council of Ministers of OHADA, took strong inspiration from the UNIDROIT Principles, as the intention was to elaborate a modern instrument apt to attract investors. This project, however, has not been adopted, in particular because of a marked reluctance to depart from the French legal tradition, which is prevailing in most (but not all) member States. An alternative project, based on a private initiative, is in the process of being elaborated, with the view to remain within the dominant legal tradition and to avoid disorienting practitioners. As to the project that has just been prepared in the framework of OHADAC, it takes much inspiration from existing uniform law instruments, including the UNIDROIT Principles. At the same time, it is mainly concerned not to retain rules which could appear to be unacceptable in certain parts of a region where the legal systems are very diverse.

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7

Ayikaba, Jules Masuku. "Portée du principe de la représentation obligatoire par avocat devant la Cour Commune de Justice et d’arbitrage (CCJA) à l’aune de la pratique jurisprudentielle." Recht in Afrika 26, no. 1 (2023): 55–69. http://dx.doi.org/10.5771/2363-6270-2023-1-55.

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The law of the Organization for the Harmonization of Business Law in Africa (OHADA) enshrines the principle of compulsory representation by lawyer before its High Court, the Common Court of Justice and Arbitration (CCJA). It follows from this principle that any appeal before the CCJA and any related procedural document such as the reply or replication, not signed by a lawyer belonging to a Bar in the OHADA geographical area, are to be declared inadmissible. Notwithstanding the explicit consecration of this principle in OHADA law, the CCJA has been called upon on many occasions to define its contour. This paper examines the interpretation of this principle by this court. It first notes the scope of this principle as defined by the CCJA in relation to the criteria retained for the exercise of the ministry of counsel before its jurisdiction. Finally, it dwells on its jurisprudence concerning the form and statements of the special mandate to be given to the lawyer, on the one hand, and on the legal consequences attached to it, on the other hand. It concludes by pointing out that OHADA law, and the High Court in its jurisprudential practice, are more flexible and better adapted to the obligation of representation by a lawyer than the law of certain OHADA member states.

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8

Ndjetcheu, Louis. "Social Responsibility and Legal Financial Communication in African Companies in the South of the Sahara." International Journal of Innovation in the Digital Economy 4, no. 4 (October 2013): 1–17. http://dx.doi.org/10.4018/ijide.2013100101.

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In an environment marked by growing claims regarding corporate social responsibility (CSR), debates on governance show the need for taking into account all the legitimate involved parties of the company within the framework of the legal or voluntary financial communication (Dowling and Pfeffer, 1975; Lind B lom, 1994; Gray et al.., 1995). If the accounting regulation, the laws and the rules in western countries require the consideration of the environmental aspects in the accounts and the annual reports of companies (Law NRE, Art 116, 2001), paradoxically in Africa, the OHADA accounting law remains silent on the problems of management generated by this CSR. Is this disinterest for the CSR justified for the OHADA accounting law? Does it mean that the CSR is excluded from African companies? Does it mean that in the OHADA zone the companies are in advance compared to the accounting legislation? In other words, is the OHADA accounting law still relevant to play its role of macroeconomic regulator? This paper examines the evaluations of the social and environmental impacts of the activities of companies and their integration in final accounts for a reliable, true financial communication and reflecting a true and fair view in the OHADA zone.

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9

Sita, Gloria Lubaki. "Le défi de l’Organisation pour l’harmonisation en Afrique du droit des affaires face au développement des marchés financiers africains : Quid de la protection des investisseurs." Recht in Afrika 22, no. 2 (2019): 157–74. http://dx.doi.org/10.5771/2363-6270-2019-2-157.

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By the time the founding fathers of the Organization for the Harmonization of Business Law in Africa (OHADA) signed the Treaty of Port Louis, the financial markets in Western and Central Africa were embryonic. Nowadays the situation has changed and it seems appropriate to reconsider relationship between OHADA law and securities exchange markets. Indeed, OHADA's Community legislation has to deal with the securities markets covered and serve both the proper functioning of the market and the protection of investors. The uniform Act on Commercial Companies and Economic Interest Groupings contains provisions referring to specific financial rules. However, is this sufficient to earn the public trust? Financial market law is a complex discipline. If we supplement this the effort required for investors to find their way between the West African Economic and Monetary Union (WAEMU) or the Economic and Monetary Community of Central Africa (CEMAC) stock exchange law and national constraints throughout OHADA, the following question must be asked: How is the investor’s interest protected in this legal jungle? This paper tries to analyse the legal mechanisms of investor protection in the WAEMU Regional Stock Exchange and the Central African Stock Exchange, combining them with the uniform law for commercial companies of OHADA.

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10

Bashi Rudahindwa, Jonathan. "OHADA and the Making of Transnational Commercial Law in Africa." Law and Development Review 11, no. 2 (June 26, 2018): 371–95. http://dx.doi.org/10.1515/ldr-2018-0024.

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Abstract The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light of this professed aim, both the transnational methodological approach and comparative law theories are used in this paper to critically analyse the various processes conducted under the OHADA banner and to engage in discussions on the highly debated role of law as a vehicle for development in sub-Saharan Africa. This exercise, which proves crucial in order to trace its origin within the global governance and law and development theories, allows us to present OHADA as a transnational legal system, while also highlighting both its strengths and limitations.

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11

Douajni, Gaston Kenfack. "Recent Developments in OHADA Arbitration." Journal of International Arbitration 23, Issue 4 (August 1, 2006): 363–73. http://dx.doi.org/10.54648/joia2006024.

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12

Tadjudje, Willy. "Harmonization (or rather Standardization) of Cooperative Law in the OHADA Zone: What is the Result after Ten Years of Implementation of the Uniform Act?" CIRIEC-España, revista jurídica de economía social y cooperativa, no. 39 (February 4, 2022): 67. http://dx.doi.org/10.7203/ciriec-jur.39.21987.

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The Uniform Act related cooperative societies (UA-COOP) is the main source of cooperative law in all the seventeen States parties to the OHADA founding Treaty. Ten years after its entry into force (2011-2021), the aim of this study is to assess the level of enforcement of this Act. More concretely, the aim is to compare the state of cooperative law at the time of the entry into force of the UA-COOP (2011) with the current situation (in 2021). Such a comparison should make it possible to assess the contribution of the UA-COOP to the development of cooperative law and strengthening of national cooperative movements in the OHADA zone.

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13

Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (February 1, 2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.

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Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.

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14

Tamkam Silatchom, Guy Armel. "L’acquisition du statut d’entreprenant-commerçant en droit OHADA." Uniform Law Review 25, no. 4 (December 1, 2020): 496–511. http://dx.doi.org/10.1093/ulr/unaa030.

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Abstract Les conditions d’acquisition de la qualité d’entreprenant-commerçant présentent des particularités au moment de l’entrée dans le cadre de l’entreprenant. Ainsi, contrairement au statut du commerçant qui est ouvert tant aux personnes physiques, qu’aux personnes morales, le statut d’entreprenant est exclusivement réservé aux personnes physiques et la déclaration au RRCM est simplifiée. Mais, au moment de l’exercice de l’activité commerciale, les conditions se rapprochent de celles du commerçant. Cet état de chose fait que les frontières des deux statuts sont poreuses et l’on pourra s’interroger sur l’opportunité de leur distinction.

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15

NyitiosehV, Nchofua Anita. "A Comparative Analysis of Remedies and Challenges in the Protection of Stakeholders Rights: OHADA vs. English Corporate Law." Studies in Law and Justice 3, no. 3 (September 2024): 20–37. http://dx.doi.org/10.56397/slj.2024.09.03.

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This article provides a comparative analysis of the remedies and challenges in the protection of stakeholder rights under OHADA (Organization for the Harmonization of Business Law in Africa) and English corporate law. The study focuses on key legal remedies available to stakeholders, including the derivative action model, the unfair prejudice remedy, personal right of action, remedies for breach of contract and torts, representative actions amongst other remedies. Under OHADA, the uniform legal framework aims to harmonize business laws across member states, promoting legal certainty and economic growth. In this context, the derivative action model allows minority shareholders to seek redress for wrongs committed against the company, while the unfair prejudice remedy protects stakeholders from actions that harm their interests. Personal right of action and remedies for breach of contract and torts provide additional avenues for stakeholders to seek justice. Representative actions further enable collective redress for affected parties. In contrast, English corporate law, rooted in a common law tradition, offers flexibility and judicial interpretation in protecting stakeholder rights. The derivative action model in English law allows shareholders to bring claims on behalf of the company, while the unfair prejudice remedy addresses situations where minority shareholders are treated unfairly. Personal right of action and remedies for breach of contract and torts are well-established, providing robust protection for stakeholders. Representative actions in English law facilitate collective litigation, enhancing access to justice. In tandem with the foregoing, this paper explores challenges in the practical enforcement of these remedies, including differences in legal culture, enforcement mechanisms, and jurisdictional issues. By comparing OHADA and English corporate law, the study provides insights into the effectiveness of various legal frameworks in protecting stakeholder rights and offers recommendations for enhancing stakeholder protection through legal reforms and policy initiatives. Through a content analysis of primary and secondary data, we uphold that this article contributes to the discourse on corporate governance and stakeholder theory, offering valuable perspectives for policymakers, legal practitioners, and scholars interested in the protection of stakeholder rights in diverse legal environments.

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Atemlefac, Atemnkeng Micheal. "Attachment Proceedings for Goods Onboard an Aircraft: A Closer Look at the OHADA Law on Simplified Recovery Procedures and Measures of Execution." Scholars International Journal of Law, Crime and Justice 7, no. 10 (October 25, 2024): 487–94. http://dx.doi.org/10.36348/sijlcj.2024.v07i10.009.

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The practical application of international conventions like the Montreal Convention of 1999 and the OHADA Uniform Act of 2023 in the context of attaching goods onboard aircraft presents significant challenges. These frameworks do not explicitly address the attachment of such goods, focusing instead on liability and recovery procedures. The OHADA Uniform Act aims to simplify recovery processes but may struggle with conflicting national regulations and regional legal practices. The absence of specific legislation for attaching goods in-flight creates a critical gap, leading to uncertainty and inefficiency in enforcement. Addressing this gap in this paper requires developing targeted legal solutions that align with international standards while addressing the unique demand of air transport.

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Pączek, Jarosław. "Enforcement of Arbitral Awards in Africa – 30 Years of OHADA. Strengths, Weaknesses and Opportunities." Przegląd Prawa Egzekucyjnego 2023, no. 11 (November 27, 2023): 5–21. http://dx.doi.org/10.62627/ppe.2023.041.

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The enforcement of arbitral awards on a global scale is regulated by a system of many international conventions, the most important of which are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 and the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965. The vast majority of African states are parties to one or both of these conventions; however, some states on the African continent, historically under the influence of French law, have developed their own transnational legal system and have done so within a community called OHADA. This community is currently celebrating its 30th anniversary, and on this occasion, this article attempts to discuss the basic issues related to the functioning of the aforementioned system in the context of the enforcement of arbitral awards. For comparative purposes, the article also refers to selected case law issued on African territory outside the OHADA community.

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Ndzuenkeu, Alexis. "Le Règlement de Procédure de la Cour Commune de Justice et D’Arbitrage de L’Ohada Fait Peau Neuve." International Journal of Procedural Law 4, no. 2 (November 1, 2014): 236–55. http://dx.doi.org/10.1163/30504856-00402006.

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After fifteen years of implementation, the Rules of Procedure of the Common Court of Justice and Arbitration (CCJA) of OHADA (Organization for the Harmonization of Business Law in Africa) were amended on 30 January 2014. These amendments concerned both the internal organisation of the Court and its composition. The most important innovations improve access to the highest community court and streamline the course of proceedings. As such, the following improvements are of particular interest: abandonment of the obligation to elect domicile in the town where the seat of the Court is located; introduction of the possibility to serve Court processes through internet; adoption of new provisions permitting the Court to sanction the parties’ failure to carry out due diligence; and the conduct of court proceedings in several languages. Although some shortcomings remain, it must be noted that the amended law is an important step in the direction of enhancing legal security within OHADA Member States; it also paves the way for a substantial improvement of the CCJA’s performance.

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Nku Tiku Eposi, Gladys. "Who Can become a Member of a Company under OHADA Law: A Critical Appraisal." International Journal of Science and Research (IJSR) 14, no. 3 (March 27, 2025): 87–91. https://doi.org/10.21275/ms25130091622.

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20

Fontaine, M. "Law harmonization and local specificities - a case study: OHADA and the law of contracts." Uniform Law Review - Revue de droit uniforme 18, no. 1 (March 14, 2013): 50–64. http://dx.doi.org/10.1093/ulr/unt001.

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Womdjou, Francis. "L’échange d’arguments autour de l’élaboration du droit économique à partir du Traité mettant en commun les listes des matières d’affaires*." Uniform Law Review 24, no. 3 (August 1, 2019): 484–96. http://dx.doi.org/10.1093/ulr/unz025.

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Abstract The cooperation between universities inside or outside the Francophonie network is the main methodological approach proposes in this article. This cooperation is effective between Canada, Belgium and France and some OHADA member States; the plan is to extend this cooperation to European Union where researchers are working to write European Business Law. In Africa as in Europa, this cooperation can enable the exchange of arguments on how to write Business Law accepted by all the parties.

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22

Bühler, Michael W. "Out of Africa: The 2018 OHADA Arbitration and Mediation Law Reform." Journal of International Arbitration 35, Issue 5 (October 1, 2018): 517–39. http://dx.doi.org/10.54648/joia2018028.

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Almost twenty years after it adopted the Uniform Act on Arbitration (UAA), the Organization for the Harmonization of Business Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice and Arbitration in Abidjan (the ‘CCJA Rules’). These three texts were revised with the assistance of an external consultant, the author of this article. Among other changes, the 2018 UAA has provided arbitral tribunals with an express power to determine whether compulsory pre-arbitral steps (such as mandatory mediation) have been complied with, and to suspend the arbitration until such requirements have been met. It has also fixed strict time limits for local judges asked to act in support of arbitration. This article further questions whether the few limited improvements to the CCJA Rules will positively impact the future of the CCJA’s arbitration centre, given its very low caseload. With the 2018 UAM, a solid legal platform for the use of mediation in the region is now in place. The training of mediators and arbitrators, and their ability to carry out both the acts and rules in an efficient manner and effectively coexist with the judiciary, remain major challenges for the region.

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23

Leno, Ngaundje Doris. "Development of a Uniform Insolvency Law in SADC: Lessons from OHADA." Journal of African Law 57, no. 2 (June 26, 2013): 259–82. http://dx.doi.org/10.1017/s0021855313000065.

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AbstractThis article argues that, with the global or cross-border nature of many corporate activities, there is an increasing need for a uniform insolvency law approach to the financial distress of a corporation in the Southern African Development Community. In doing so, the article highlights lessons the community may learn from the Insolvency Act of the Organisation for the Harmonization of Business Law in Africa. Emphasis is given to that organization's success in developing a uniform insolvency act (ie one which is directly applicable in its contracting states). The article also proposes a number of recommendations.

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24

KÉRÉ, Idrissa. "Ohada And The Harmonisation Of Contract Law : Background And Preliminary Comments." Uniform Law Review 13, no. 1-2 (January 1, 2008): 202. http://dx.doi.org/10.1093/ulr/13.1-2.202.

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Fontaine, Marcel. "The Preliminary Draft Ohada Uniform Act On Contract Law : An Overview." Uniform Law Review 13, no. 1-2 (January 1, 2008): 214–15. http://dx.doi.org/10.1093/ulr/13.1-2.214.

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26

Koïta, Yacouba-Sylla. "La violence économique dans l’espace OHADA." Revue internationale de droit économique XXXIV, no. 3 (June 22, 2021): 297–318. http://dx.doi.org/10.3917/ride.343.0297.

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27

Ekoume Francis Guillaume, Moukete. "« Haro sur le juge statuant à bref délai en droit OHADA »." Uniform Law Review 25, no. 2-3 (August 1, 2020): 351–71. http://dx.doi.org/10.1093/ulr/unaa014.

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Douajni, Gaston Kenfack. "The Recognition and Enforcement of Arbitral Awards in OHADA Member States." Journal of International Arbitration 20, Issue 2 (April 1, 2003): 205–10. http://dx.doi.org/10.54648/joia2003007.

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29

Zeller, Bruno. "REGIONAL HARMONISATION OF CONTRACT LAW – IS IT FEASIBLE." Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 85–98. http://dx.doi.org/10.25159/2520-9515/908.

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This article investigates whether regional harmonisation is merely an academic exercise or a serious attempt to create a uniform contract law in a defined region. It builds on the recently conducted Symposium at Villanova University in 2013 and addresses comparatively the efforts by well-defined regions, namely OHADA, the EU and ASEAN. OHADA has introduced regional uniform laws; the EU is still working on formulating them. Furthermore, UNCITRAL has considered a proposal by the Swiss government to work urgently on a new initiative to further harmonise contract law. Against this backdrop, this article argues that regional proposals to harmonise contract law are akin to saying that ‘ein Gespenst geht um’ (a ghost is going around) (Reich 2006: 425). This is justified, because a proposal to create a harmonised contract law in East Asia has currently also been discussed, but the discussions have stalled. Is there a solution or do we simply admit that regional harmonisation is not possible? The starting point is the CISG, as has been adopted by 80 countries and needs to be considered by any region as a possible, albeit not perfect, solution. If the CISG has already been ratified, the issue, then, is how any regional developments can coexist with it. Or does a ratification of the CISG preclude any regional harmonisation? Secondly, the question must be asked whether regional harmonisation will reduce transaction costs, which is beyond what the CISG was able to achieve. This article argues that as far as the drafting of international instruments isconcerned, a shift in thinking has occurred. Instruments such as the Cape Town Convention are considered to be reforming the law in a particular narrow area rather than attempting to draft codes. Furthermore, the process is driven by industry groups. Regional harmonisation must take note of the ongoing shift and a more fruitful approach is to develop uniform laws through a better understanding and coordination of existing instruments.

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Date-Bah, S. K. "The Preliminary Draft OHADA Uniform Act on Contract Law as Seen by a Common Law Lawyer." Uniform Law Review 13, no. 1-2 (January 1, 2008): 217–21. http://dx.doi.org/10.1093/ulr/13.1-2.217.

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Leinyuy, Kifemmabuh Antonia. "The Applicability of Mediation as an Alternative Dispute Resolution Mechanism under OHADA Law." Scholars International Journal of Law, Crime and Justice 03, no. 04 (April 30, 2020): 112–16. http://dx.doi.org/10.36348/sijlcj.2020.v03i04.005.

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DJIEUFACK, Roland. "Hardship or Impossibility in a Contract of Sale of Goods under the OHADA Law: A Sound or Confused Drafting?" INTERNATIONAL COMMERCE & LAW REVIEW 98 (May 31, 2023): 1–19. http://dx.doi.org/10.35980/krical.2023.5.98.1.

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Tchamgwe, Innocent. "Considérations sur le droit de rétention du transporteur routier de marchandises en droit OHADA." Uniform Law Review 25, no. 4 (December 1, 2020): 512–35. http://dx.doi.org/10.1093/ulr/unaa028.

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Abstract En raison de son caractère synallagmatique, le contrat de transport met à la charge de l’expéditeur ou du destinataire, selon le cas, l’obligation de payer le prix du déplacement des marchandises. Ainsi, en cas de refus de paiement du prix du transport le transporteur a le droit de retenir les marchandises transportées jusqu’à complet paiement de sa créance. Mais malgré que le droit de rétention du transporteur ait été érigé au rang de sûreté, c’est parfois avec peine que son exercice par le transporteur débouche sur un paiement spontané du débiteur du prix du transport. La réalisation de la sûreté n’étant pas en principe possible, le désintéressement du transporteur ne peut être assuré que grâce au secours des autres moyens qui lui sont offerts par la loi. Et là encore, c’est à prendre avec des réserves. Due to its synallagmatic nature, the transport contract places the responsibility of the sender or the recipient, as the case may be, with the obligation to pay the price of moving the goods. Thus, in the event of refusal to pay the price of the transport, the carrier has the right to withhold the goods transported until full payment of his debt. But despite the fact that the carrier's lien has been raised to the rank of security, it is sometimes with difficulty that its exercise by the carrier leads to a spontaneous payment by the debtor of the transport price. The realization of the security is not in principle possible; the disinterestedness of the carrier can be assured only thanks to the help of the other means which are offered to him by the law. And there again, it is to be taken with reservations.

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Morgan, Unyime. "Mediating Indigenous Disputes: Lessons from Africa and Canada." Journal of Alternate Dispute Resolution 02, no. 03 (2023): 01–11. http://dx.doi.org/10.55662/jadr.2023.2301.

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Mediation is not novel to indigenous peoples in Africa and Canada. It has been in existence long before codified regulation of mediation.[i] For instance, the ancient Yoruba peoples of Nigeria have been known to mediate street fights, trade and communal disputes long before the emergence of formal courts and institutional mediation.[ii] Indigenous mediation in Africa and Canada share certain characteristics. First, the recognition of the supernatural and/or ancestry. Secondly, these mediations possess some cultural flavour peculiar to the indigenous peoples represented at the session, particularly reflected in their language, attire and the use of proverbs. [i] ADR Institute of Canada, “Code of Conduct for Mediators” Amended 15 April, 2011 https://adric.ca/rules-codes/code-of-conduct/; In Africa, each country individually make legislative provision for regulating the conduct of mediation. Nonetheless, the African Union Mediation Support Handbook offers guidance towards the conduct of mediation in Africa – See African Centre for the Constructive Resolution of Disputes (ACCORD), “African Union Mediation Support Handbook” (2014) https://www.peaceau.org/uploads/06-au-mediation-support-handbook-2014.pdf. Additionally, the Organization for the Harmonization of Business Law in Africa (OHADA) member States have enacted a Uniform Act on Mediation, this was adopted on November 23, 2017. The OHADA Uniform Act was inspired by the 2002 UNCITRAL Model Law on International Commercial Conciliation. [ii] Adeyinka Ajayi and Lateef Buhari, Methods of Conflict Resolution in African Traditional Society African Research Review Ethiopia Vol 8 (2) Serial No 33 April 2014:138-157 [143,150]

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Ndjetcheu, Louis. "Accounting models challenged by environmental preoccupations: an analysis based on the OHADA accounting law." International Journal of Critical Accounting 10, no. 3/4 (2018): 206. http://dx.doi.org/10.1504/ijca.2018.093059.

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Ndjetcheu, Louis. "Accounting models challenged by environmental preoccupations: an analysis based on the OHADA accounting law." International Journal of Critical Accounting 10, no. 3/4 (2018): 206. http://dx.doi.org/10.1504/ijca.2018.10013996.

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37

Akam Akam, André. "La responsabilité civile des dirigeants sociaux en droit Ohada." Revue internationale de droit économique XXI, 2, no. 2 (2007): 211. http://dx.doi.org/10.3917/ride.212.0211.

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Fossung, Micheal Forzeh, Lious Agbor Tabot Ntoung, Helena Maria Santos de Oliveira, Cláudia Maria Ferreira Pereira, Susana Adelina Moreira Carvalho Bastos, and Liliana Marques Pimentel. "Transition to the Revised OHADA Law on Accounting and Financial Reporting: Corporate Perceptions of Costs and Benefits." Journal of Risk and Financial Management 13, no. 8 (August 3, 2020): 172. http://dx.doi.org/10.3390/jrfm13080172.

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This paper examines the ongoing transition to the revised Organisation for the Harmonisation of Business Law in Africa Act on Accounting and Financial Reporting for companies in general and to the International Financial Reporting Standards for listed and group companies with a particular focus on recent institutional developments and corporate concerns. The study used 80 professional accountants, most of whom were members of the Institute of Chartered Accountants of Cameroon and academics. Using the descriptive statistics, the study shows that the transition to the revised OHADA brings about a high level of comparability and transparency of the financial statements, that the International Financial Reporting Standards can be implemented in Cameroon (but not fully), and that the benefit of the transition exceeds the cost.

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NOH, NDEKWENA Alison. "Termination of the Mandate of an Agent: An Examination under OHADA Uniform Act on General Commercial Law." Scholars International Journal of Law, Crime and Justice 7, no. 10 (October 3, 2024): 444–50. http://dx.doi.org/10.36348/sijlcj.2024.v07i10.004.

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When an agency relationship is created, it confers on the parties obligations which must be fulfilled by the parties. These obligations do not remain forever as they can come to an end. This can be done under normal circumstances by the act of the parties or by operation of the law and when the conduct of the agent is in contradiction to the mandate agreement as may be the case if the agent is liable for serious misconduct as provided by the OHADA Uniform Act on General Commercial Law. The provisions of the act regarding termination on grounds of serious misconduct is worrisome, as the act talks about termination in such manner only for commercial agents and is silent about the other two types of agents: the broker and the commission agent. The act also, does not tell us what this serious misconduct it mentions by the commercial agent is, nor gives us insights on what constitutes such conduct to warrant termination of the mandate of the agent by the principal. When termination of the agency is done under conditions as such, it has grave consequences on the agent who might not be entitled to certain benefits associated with termination of the contract such as loss of the right to compensatory allowance or indemnity and more importantly may give room to arbitrary or wrongful termination of the mandate of the agent. Through analytical and comparative studies, this paper focuses on termination of the mandate of an agent under the OHADA Uniform Act on General Commercial Law, wherein, the different modes of termination of the mandate of an agent have been discussed, and more specifically makes an attempt in looking at what serious misconduct is and what could amount to such conduct so as to avoid arbitrary or wrongful termination. It is therefore suggested that, statutory guidelines found in other statutes in relation to the subject matter can serve as a lamp light in our context.

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Houanye, Paulin, and Sibao Shen. "Investment Protection in the Framework of the Treaty of Harmonizing Business Law in Africa (OHADA)." Beijing Law Review 04, no. 01 (2013): 1–7. http://dx.doi.org/10.4236/blr.2013.41001.

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Montero, Etienne. "The Preliminary Draft Ohada Uniform Act On Contract Law And Electronic commerce : Adequateness Of Rules ?" Uniform Law Review 13, no. 1-2 (January 1, 2008): 316–17. http://dx.doi.org/10.1093/ulr/13.1-2.316.

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42

Ayikaba, Jules Masuku. "La jurisprudence de la Cour commune de justice et d’arbitrage (CCJA) sur l’immunité d’exécution au profit des entreprises publiques – Quo vadis?" Recht in Afrika 25, no. 2 (2022): 223–44. http://dx.doi.org/10.5771/2363-6270-2022-2-223.

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This study traces the evolution of the CCJA case law on the principle of exemption from enforcement for public companies. It aims in particular to highlight the direction in which this case law is moving. It appears that the CCJA has so far not succeeded in elaborating its own definition of the concept of “public companies”; yet it is there that, in our view, the mystery of the immunity from execution that it has long recognized to these companies hides; even when they were incorporated in the form of a corporation. However, over time, the Court has rightly reversed its previous decisions by moving from an extensive to a restrictive interpretation of exemption from enforcement. In any case, the involvement of the lawmaker is more than welcome in order to put an end to the situation of inequality, which has existed for a long time in terms of enforcement under OHADA law, between corporations having the State or its branches (public companies) as shareholders and those whose shareholders have no State participation.

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Etoundi, FÉlix Onana. "Form And Evidence Of Contractual Obligations In The Preliminary Draft Ohada Uniform Act On Contract Law." Uniform Law Review 13, no. 1-2 (January 1, 2008): 364–65. http://dx.doi.org/10.1093/ulr/13.1-2.364.

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Monsenepwo, Justin. "Contribution of the Hague Principles on Choice of Law in International Commercial Contracts to the codification of party autonomy under OHADA Law." Journal of Private International Law 15, no. 1 (January 2, 2019): 162–85. http://dx.doi.org/10.1080/17441048.2019.1593092.

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45

Djieufack, Roland. "Conformity of goods to the contract of sale under the OHADA Uniform Act on General Commercial Law." Uniform Law Review - Revue de droit uniforme 20, no. 2-3 (August 2015): 271–95. http://dx.doi.org/10.1093/ulr/unv017.

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Jolivet, Emmanuel. "The Harmonisation Of Ohada Contract Law : The Impact Of The Unidroit Principles On Contract Practice And Arbitration." Uniform Law Review 13, no. 1-2 (January 1, 2008): 151–52. http://dx.doi.org/10.1093/ulr/13.1-2.151.

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Meyer, Pierre. "The Harmonisation of Contract Law within OHADA General Report on the Ouagadougou Colloquium - 15-17 November 2007." Uniform Law Review 13, no. 1-2 (January 1, 2008): 393–404. http://dx.doi.org/10.1093/ulr/13.1-2.393.

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Mancuso, Salvatore. "The harmonization of commercial law in Africa: The project related to telecommunications in the OHADA harmonization process." Journal of International Trade Law and Policy 5, no. 2 (November 30, 2006): 55–65. http://dx.doi.org/10.1108/14770020680000544.

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Nku Tiku Eposi, Gladys. "The Contents of the Articles of Association as a Document used in the Creation of Companies in Cameroon under the OHADA Law." International Journal of Science and Research (IJSR) 10, no. 7 (July 27, 2021): 735–42. https://doi.org/10.21275/mr21625033408.

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Douajni, Gaston Kenfack. "The Co-Ordination Of The Preliminary Draft Uniform Act On Contract Law With The Other Ohada Uniform Acts." Uniform Law Review 13, no. 1-2 (January 1, 2008): 376–77. http://dx.doi.org/10.1093/ulr/13.1-2.376.

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