Dissertations / Theses on the topic 'Sociétés – Droit – Afrique'
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Nchankou, Mouansie Njindam Mohamed. "La Liberté d'établissement des sociétés en Europe et en Afrique." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0419.
Full textThe freedom of establishment which was recognized by the European and African community has various implications. This freedom is situated at the crossroad of several legal subjects, notably, international private law, European and African community law, company law, tax law and employment law of member States. The first issue is to find a way to combine these different legal practices so as to allow the freedom of establishment of companies. In Europe, the freedom of establishment provided by the community law is often in competition, or even in resistance with the national laws of member States. Therefore, its implementation implies a redefining of the borders between community law and international private law of member States, which may not be possible to do without serious difficulties. These are mainly due to fundamental issues linked to, on the one hand, connections between community law and international private law in the State members and on the other hand the impact of community law on national laws. It seems to be necessary to change the methods of international private law so as to make it compatible with the freedom of establishment of companies. In addition, It is becoming very important for member States to take into account the impact of the freedom of establishment on the competitivity of the judicial systems, the freedom of establishment being a tool for the mobility of companies. In Africa, the legal structure of the community makes the search of the frame of the freedom of establishment even more complicated. Indeed, such freedom is established by the Economic Community of Central African States (ECCAS), Economic Community of West African States (ECOWAS) and by extension by the Organisation for the Harmonization of Business Law in Africa (OHADA). The harmonization of business law in the OHADA area prevents several problem existing in the European community area from arising in Africa. However, within the frame of our work, we had to resolve some fundamental legal issues relating to and the enjoyment of rights and the nationality of companies. However, the comparative analysis of the freedom of establishment over the two continents enabled us to remove the main obstacles to the efficiency of the freedom of establishment in Europe and Africa. It mainly relates to the evolution of the principle of recognition of companies in Europe and Africa and to the legal system of transfert of registered office. We have also analyzed the opportunity and viability of a eurafrica freedom of establishment. In fact, the freedom of establishment pursue the same goals in Europe and Africa but by using different means
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
Ndenga, Badjan Etienne Armistice. "Le droit de vote de l'associé en droit Ohada des sociétés commerciales." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3004.
Full textFollowing the reform of the Uniform Act on Commercial Companies, the study of shareholder franchise in OHADA law exposes the fact that the legislator continues to make voting rights an essential right of the shareholder which he must enjoy even when this right is exercised by a third party. The exercise of this right is guaranteed on the one hand by legal limitation of hypotheses of provisional suspension of this right, facilitating its exercise by a multiplication of convening bodies to summon shareholders for board meetings and the institution of electronic voting. On the other hand, it is guaranteed by the incorporation in criminal law, the obstruction of participation of a shareholder. However, in limited companies, it is important to recognize that the right to vote of the shareholder tends to be desecrated. This desecration is reflected in the possibility now given to these companies to issue preference shares that allow the modulation of voting rights. In fact, depending on the objectives that the company wishes to achieve, the company may decide to issue shares whose voting rights are either abolished or suspended. We can notice here a sort of "instrumentalisation" of the right to vote. Thus, the OHADA legislator no longer makes the right to vote an essential attribute of shares. This breakdown of shares which takes away the intangible nature of voting rights inevitably introduces different categories of shareholders. Likewise, it puts into question the legitimacy of power based on capitalistic legitimacy. The principle of proportional equality is also put into question to the extent that preference shares may not confer on their holders any right to vote. If the right to vote is now a mere modality of shares and shares can exist without it, could new operations which entail the transfer of voting rights independent from shares not be considered? An agreement with the objective of transfer of voting rights could be concluded. In the same way, the parties may decide to use other techniques that allow voting rights to be waived, such as voting trust, or to a lesser extent, resort to a proxy advisor
Ewane, motto Patrice Christian. "La gouvernance des sociétés commerciales en droit de l'Ohada." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0065.
Full textIn the space of OHADA, the massive dissemination of the term governance essentially within the context of international cooperation for development. This new imperative of governance in recent years, the debate on building a corporate governance at the heart of all the speeches, reforms, all initiatives in the development of effective business and operation of the 'business. In fact, at that Community environment OHADA (CEMAC and UEMOA), there is the political will is above all economic, law playing only a role of second order implementation plan afterwards. Also, this poses the following problem, namely how to reconcile one hand, the essential objective of legal and judicial security to drain large flows of investment and, secondly, the essential challenge which involved the OHADA in establishing what is today commonly called "good governance" and the rule of law in Africa as a vector of economic performance. Given the ambition of the drafters of the AUSCGIE and, from the perspective of international standards, new requirements of economic development and enterprise sustainability, governance of corporations raises the issue of the legal effectiveness This set of rules. In other words, how to emerge in a space where the state control on economic activities is undermined, effective corporate governance rules within the commercial companies? Extensive program.In practice, given the realities, "Governance in the OHADA member states often means something else entirely. There is no corporate governance in the classic sense, but rather of political influence." Indeed, it is today the OHADA area suffers above all, not the absence of rules, but serious weaknesses persistence and a severe lack in terms of governance and control proper application of rules of law, particularly vis-à-vis the company. Given this situation, one is tempted to say that the rules and principles of corporate governance remains somewhat limited and has not yet yielded the expected fruits. Is a corporate governance in OHADA an illusion? The objective fact is obviously not. So the prism of current economic challenges and face new challenges and expectations of Member States, would only be possible convergence of the axes of realism that under the law of the OHADA, which must reconcile both imperative Economic (investment required) and legal and judicial security of economic activities (search for legal certainty).Keywords: OHADA (Organization for the Harmonization of Business Law in Africa), Law, Governance, Enterprise, Uniform Act
Guemedi, Yao Inyéza. "La bancarisation des entreprises africaines dites informelles : approche juridique." Versailles-St Quentin en Yvelines, 2001. http://www.theses.fr/2001VERSA004.
Full textInformal enterprises in Africa are those that do not fit classical legal categorisations of business, and / or that operate outside of established legal frameworks, particularly in the area of book-keeping. However, these enterprises for their development, require financing from banks which of course operate within established legal frameworks. The challenge for the banking sector, therefore, lies in providing customised services that take into account the specificities of this class of clientele : their educational level, management techniques, socio-economic an cultural realities, etc. The thesis examines how thes specificities can be factored by the banking sector in the creation of structures and in the provision of services adapted to this very important "sector" of African economies. Similarly, these specificities provide a basis for proposing client-friendly collaterals and forms of credit
Afana, Bindouga Michel. "L'égalité des associés dans l'acte uniforme de l'OHADA relatif au droit des sociétés commerciales et du groupement d'intérêt économique." Nantes, 2010. http://www.theses.fr/2010NANT4025.
Full textThis study falls within the framework of a new scope of research, namely the Organization for the Harmonization of Business Law in Africa (OHADA) and is based on a critical and comparative approach. Specifically, it examines the principle of equality of shareholders at the national, community and international levels. The first part of the study dwells on the notion of equality of shareholders which is a guiding principle that seeks to maintain contractual equilibrium in the making and execution of partnership contracts. The principle of equality of shareholders is examined through its bases: partnership contract, homogeneity and equity. Furthermore, it manifests itself through the access and participation of partners in companies, the protection of the principle of equality by the African legislator. A second part is a critical reflection on the principle of equality of shareholders. Furtherance of the principle is incomplete as the African legislator was hasty and did not have a clear understanding of this principle whose application poses serious problems. The attainment of the egalitarian objective is impeded by a gap in the law or by the behaviour of shareholders. These are de facto and ex officio obstacles. There is need to introduce necessary reforms to strengthen the OHADA Business Law, the role of the shareholders and control bodies so as to improve the full application of the principle of equality of shareholders in the Africa uniform business law
Maziau, Nicolas. "La constitution intérimaire d'Afrique du Sud : le problème des communautés dans une sociétés hétérogène." Paris 1, 1995. http://www.theses.fr/1995PA010301.
Full textFor 40 years, South Africa was ruled under the regime of apartheid. Since the 2 february 1990, when the state president F. De Klerl announced in parliament the dismantling of segragation, south africa transformed dramatically its institutions. The new interim constitution (22. December 1993) recognises implicity the communities and gives protection to the rights of the persons belonging to them. Moreover, its protects indirectly the communities through the form of the state ( regional or federal ?) and a consociational type of power-sharing in government
Amoussou-Guenou, Roland. "Le droit et la pratique de l'arbitrage commercial international en Afrique subsaharienne." Paris 2, 1995. http://www.theses.fr/1995PA020002.
Full textInternational commercial arbitration is expanding worldwide. But to date, the law and pratice of international arbitration in subsaharan africa are not well known because of the lack of exhaustive literature on this topic. The purpose of the present thesis is to try to fill this "scientific" gap. In part i, the legislations in force in the region have been in first examined. The functioning of the arbitration process has been then studied through the provisions of the rules. Part ii deals with african presence in international arbitration. The statistics of this presence have been commented. Afterwards, the african presence in the arbitration process together with the judicial proceedings related to arbitration show the nature of the ussues brought before the arbitrators and the national judges. In this respect it can be noticed that there is no african specificity of international commercial arbitration and its practice. Nevertheless, the african presence in the international arbitration procless has enriched to a certain extent, the international jurisprudence in this matter. The expansion of international commercial arbitration in subsaharan africa itself depends on the enactement of modern and operational legislations, the adhesion to the new york convention of 1958, the creation of operational arbitration centers and also on the training of african lawyers
Muka, Tshibende Louis-Daniel. "L' information des actionnaires, source d'un contre-pouvoir dans les sociétés anonymes de droit français et périmètre O. H. A. D. A." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32022.
Full textAs the State remains a perfect example of a political society, so are public limited companies under the French or O. B. L. H. A. Law governed by democratic principles. Such principles postulates separation, specialization, and hierarchical organization of social organs, which also represent powers. Thus, the supreme meeting of shareholders ultimately controls social affairs, which company managers carry out. In order for such control to be effective, the French law that has strongly influenced the African Law is characterized by reinforcement of shareholders’ right to information. These changes are related to information process diversification and extension of information field. Following the reinforcement of shareholders right to information, one might notice in the two laws the affirmation of rights for the concerned to benefit from effective information ; such affirmation is established through reinforcement of legal control of accounts and the authorization of shareholders the possibility of appealing to certain authorities. In France as in O. B. L. H. A area, these two dynamics cause the information from which shareholders benefit as a source of opposition force that they can exercise in facing the business managers
Kolongele, Eberande Désiré. "Le pouvoir dans les sociétés à capital mixte : Aspects de droit français, OHADA et congolais." Paris 1, 2011. http://www.theses.fr/2011PA010259.
Full textNdiaye, Idrissa. "La politique fiscale des sociétés dans les états membres de l'espace OHADA (Organisation pour l’harmonisation en Afrique du droit des affaires) : la problématique de l’assiette fiscale et solutions pour le développement." Paris 13, 2008. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2008_ndiaye.pdf.
Full textThe fiscal policy deals with the sharing out of the public recipe between the different taxes, on the base and the rate of the latter. In the states which are members of the OHCLA space, the tax policy of the societies must permit a substantial mobilization of fiscal bases in order to reassure the financial means of the the development policy of narrow tax base duties is by no means a strategy to mobilise consequent recipe. A fiscal administration which does not possess material human and satisfactory means does not contribute in fighting efficiently fraud and tax evasion in order to increase necessary fiscal recipes. Facing the globalization and the policies of integration, the state individualities do not also allow to sustain a genuine development tax policy in Africa. A new strategy of fiscal policy for the development of members states within the OHCLA is necessary. IT passes through a large policy of the norms of the recipes. A redefinition of the fiscal exoneration policy of the investment codes. One must give material, human and satisfactory means to the tax administration to play a genuin part (role). To put it in a nutshell, we have to develop the cooperation between tax administratin of the members states in order to take into account of the consideration of the tax policy. The fiscal harmonization has become a genuine strategy for the development of Africa
Aguemon, Khaled. "Réflexion sur l'abus en droit des sociétés dans l'espace Ohada : contribution du droit français." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30038/document.
Full textFor decades, corporations have ceased to be legal accessory favorite of contractors in the exercise of their activity. The corporation is created by two or more persons who agree, by contract, to assign an activity assets in cash or in kind, to share in the profit or advantage of the savings that may result. This definition follows from Article 4 of the AUSCGIE which is transposition of Article 1832 of the Civil Code. AUSCGIE gathers all the legal standards that are intended to govern the establishment, activity and the end of the company. One of the most important partners prerogatives is to take part in social life, they can participate in the social life by directing the company or more reserved, by voting in the various assemblies. However, this law, like any law is open to abuse; abuse is unjustified or excessive use of something or power by its owner. From an impartial point of view with the other partners AUSCGIE codified in his texts sanctions against abuses in connection with the exercise of voting rights. However, abuse is not revealed only when the right to vote. Many abuses also reveal the direction and management of a company. Again, AUSCGIE provided texts and left it to the States Parties to introduce in their legislation laws against such abuses. The concept of abuse leads us to study the sources of sanction it in OHADA space
Mouloul, Alhousseini. "Le régime juridique des sociétés commerciales dans l'espace OHADA : (organisation pour l'harmonisation en Afrique du droit des affaires) : l'exemple du Niger." Paris 1, 2003. http://www.theses.fr/2003PA010256.
Full textSane, Claude MIchel. "La mobilité des sociétés de l’espace OHADA : étude à la lumière du droit européen et international des sociétés." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2019/document.
Full textApart from the direct objective of the Organization for the Harmonization of Business Law in Africa (OHADA) to standardize the law, its indirect objective relates to the creation of a large common market. However, regarding the difficulties for companies to transfer their registered office from one member state to another, we can see that the existence of such market is still not a reality for them. Therefore, it appears that the only standardizing of the corporate law by OHADA is not sufficient to allow them to perform their cross-border mergers. This research shows thus that OHADA needs to change and to transform itself to put in place a real right to mobility in the community area for the companies. Like the European Union, it should complete the legal integration by an economic integration setting up a freedom of establishment, including border restructuring operations. But this right to mobility should not be abused. OHADA will have to find a balance between facilitating the mobility and protecting efficiently minority shareholders, employees and third parties rights. Similarly a balance must be struck to solve the conflict of community norms in the restructuring operations legal regime, since it is a recurrent problem for OHADA space
Houenou, Emmanuel Sèmassa. "La contractualisation du droit des sociétés : l'ordre public à l'épreuve de la liberté contractuelle dans les sociétés commerciales de l'OHADA." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D022.
Full textSince the Uniform Act on General Commercial Law came into force in 1997, the public policy nature of the rules enacted has been questioned by practitioners and doctrine. All the provisions of this uniform act were declared mandatory by the legislator who made the difficult choice of diverting the contemporary trend. Indeed, one of the most significant developments in company law since the end of the 20th century is the move towards a flexible law in which the will of the shareholder is prominent. A reform of the Uniform Act on General Commercial Law then became necessary in order to allow the use of contractual mechanisms and adapt OHADA company law to the needs of shareholders.Yet since the law reform in January 2014, scholars are not unanimous on the extent which the OHADA legislator has stretched contract in company law. Thus, while some see the reform as a triumph of contractual freedom, others see it as a mere boost in party autonomy uphelding the same rigid law exclusively made of non deregatory rules. As such, it was appropriate to assess the scope of contractualism in OHADA company law as well as the effectiveness of the related contractual mechanisms. Focusing on a substantial analysis of existing laws, this contribution shows a real decline of public policy in company law and a deep flexibility in the legal regime of companies hitherto for their rigid institutional character
Ahoua, Désiré. "Le nouveau droit de la restructuration des sociétés commerciales des pays de l'OHADA, comparaisons avec le droit français." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0005/document.
Full textIn 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 restructuring law which design all the technicals proceedings conceived by the legislator to reorganize the company. Those technicals was inspirated by French law restructuring which has been reorganized. The confrontation of both systems allows to notice that if in the fundamental principles they are the same objectives consisting in substainability of companies for their growth or their survival there are however pratical and technical differences materialized by the recents french reforms
Djiguemdé, Wendkouni Judicaël. "L'aménagement conventionnel de la société commerciale en droit français et en droit OHADA." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0345/document.
Full textAny legislation concerning economic matters is expected to be flexible and adaptedto the evolution of business. Company law in the OHADA (Harmonizing Business Law inAfrica Organization) as well as French company law, cannot be excluded from this principal.Although it was very strict to begin with, and characterized by omnipresent public order,company law in the OHADA was caught up by the contractualization movement whichappeared in France in the 1990s. Contract law turned out to be a perfect means forpractitioners to bring flexibility to company law. Contracting adjustments, companyconventions or even shareholder agreements enable shareholders to adapt their legal companyrules to their economic needs. Transferring titles, voting partners, ensuring the power ofrepresentation inside the company, or settling disagreements, are some examples amongst thevariety of situations where the contracting freedom of partners can be seen. Despite therigorous characteristic of French and OHADA company law, this study puts forward theimportance of spaces of freedom that partners can use. These shareholders agreements, eitherstatutory or extra statutory, will be dependent on precise validity criteria. Consequently, theefficiency of these adjustments will mainly depend on the sanction implemented when one ofthe parties does not execute the required obligation. The strength of both the practice andFrench case law will enable to test the proposals set down by the OHADA legislator.Therefore this study will contribute to the development of an adapted judicial system whichwill permit to secure these contracting agreements, as signs of the contractualization ofcompany law
Stirn, Nora. "Repenser la justice transitionnelle en Afrique subsaharienne : concilier l'un et le multiple dans la reconstruction des sociétés post-guerre civile." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D031.
Full textThrough a comparative study of different African conflicts, this research aims at underlying the need for complementarity between the different judicial and extra-judicial mechanisms of the transitional justice process. Sierra Leone, Central African Republic, Rwanda, Uganda, Darfur, Mozambique, every post-conflict situation has its own experience of Transitional Justice. There is no pre-conceived solution to solve a conflict, where the frontier between victims and perpetrators is constantly shaken, and with mass atrocities committed by both sides. Be it International Justice, National Justice, Truth and Reconciliation Commissions, or Local and Traditional Justice, none of these mechanisms of Transitional Justice can be efficient if they aren't any linkage between them and if they are not adapted to each specific contexts. For post-conflict justice to be a catalyst toward Reconciliation and a Sustainable Peace, peacemakers have to look deep into the political, the historical, and structural reasons that led to the commission of international crimes. The purpose of this PhD project is to encourage the adoption of a renewed plural vision of Justice in Africa, which would meet more specifically the needs of the war-torn population for a long-term peaceful society
Magne, Fosso Viviane Yolande. "L’intervention du juge dans le fonctionnement de la société commerciale en droit de l’OHADA." Thesis, Université Côte d'Azur, 2020. http://theses.univ-cotedazur.fr/2020COAZ0019.
Full textThe commercial company is the framework par excellence for investment. To make this framework an area likely to meet the economic and social needs of OHADA member states, the legislator has introduced a profound reform. With this in mind, it has made the judge the body responsible for ensuring the effective and efficient application of the Uniform Acts and for ensuring the stability of the corporate environment, a mission which enables it to intervene at all stages of the life of a company. However, the confrontation between the powers of the various social actors, the disparity between the procedural rules of the various OHADA Member States and the lack of professionalism of the judge raises questions about the effectiveness of this intervention in the life of society. Judicial decisions and the partnership contract are in fact two a priori irreconcilable modes of managing social relations. According to the theory of the contractual nature of the company, the judge cannot influence the management of private property. However, the proponents of the institutional nature of the company have succeeded in making adjustments to this principle. Thus, the protection of the corporate interest and the imperatives of the proper functioning of the legal person may justify the development of judicial powers within the commercial company. Yet, as a defender of the social interest, judicial intervention remains very limited. While the new powers of the judge allow him to be omnipresent within the commercial company, they are not sufficient to create a stable and favourable framework for investment. Much remains to be done, both in terms of legislation and in terms of the organisation of national courts and the professional training of judges. This study aims to identify possible limits to judicial intervention in commercial companies and to propose appropriate solutions where necessary. The study comes to a twofold conclusion. On the one hand, the intervention of the judge is unsatisfactory in the protection of the societal environment. The judge does not have regulatory mechanisms adapted to the social context. For example, he can only infringe social rights and powers in cases where the law stipulates that they must be restricted, despite the existence of just grounds for action. Moreover, in the context of recourse to the review of the legality of social acts, he must be limited to a subjective review which leads it to seek the intention of the perpetrator of the irregular or abusive act and thus does not enable him to ensure the protection of the social interest. On the other hand, the judge’s intervention is unsatisfactory in sanctioning the civil obligations of social actors. Indeed, the power to impose judicial sanctions poses problems whenever the Uniform Act is silent or gives no terminological indication from which the judge can retain his power. Moreover, the judge has a very limited power of constraint which does not always enable him to ensure compliance with legal obligations or the contractual commitments of social actors
Cisse, Babou. "La privatisation de la sécurité en Afrique : à la recherche d'une règlementation juridique appropriée." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20017/document.
Full textPrivate military and security companies are legal persons of private law with employees to perform security missions and defense that can give them some states, international organizations or non-state entities. This particular form of production safety is not fully understood by international conventions and domestic laws States. Result of this lack of legal status of these international actors is increasingly involved in the management of conflicts and peacekeeping operations order. Specific obligations of their clients are not determined. This lack of specific guidance proved does not mean that there is a legal vacuum in this sector. Certain international standards and national laws may actually apply to the activities of PMSCs and contractors thereof. Only efficiency that would have such standards in situations that have not been taken into account when adopting them cannot be acquired. Hence a process of international regulation and national regulation initiated in recent years by states but also by international organizations. The companies themselves have felt involved in the production of rules governing their activities and have engaged in the implementation of code of conduct. The imperfection watching all these new rules designed to correct specific deficiencies in international conventions and laws. This requires the proposal of possible solutions in order to better take into account the interests of PMSCs and the protection of those who are exposed to risks that provide private benefits of military security
Petengoue, Tassi Jules Alain. "Le traitement fiscal du financement des sociétés dans les relations intragroupes en droit comparé français, allemand et camerounais." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0406.
Full textThe problem bound to the incapacity of the financial means of companies does not stop arousing numbers of questioning for whom a reaction is necessary. The umbrella organisations on the other hand are less exposed because, they establish an internal market of capital in which subsidiaries can finance. Indeed, legal techniques of financing directed to moderate fiscal choices, turn out to be tools of optimization of incomes facilitating the bailing out(refloating) of intragroupes stockholders' equity. Such the maintenance obligation within a family, the horizontal and vertical financial streams feed the companies of the group according to the technique of centralization of finance. It's the same techniques fiscal of the regime of the exemption from dividends and from that of the ascent of the losses. Nevertheless, a management control is important and necessary penalties. It is a mechanism wanted by certain European countries for the expansion of the groups in the breast the economic community and the conquest of new markets. This conception is on the base of the subsidy of the means of financing current in France and in Germany, except the difference of certain choices tactics. The harmonization of the law of economic activities, its modernity and its adaptability are assets important for the popularization of the law, the promotion of the investments and the creation of the added value. Such are also the objectives of the law of economic activities in the space OHADA
Ousidhoum, Youcef. "La modernisation des systèmes fiscaux au Maghreb : [Algérie-Maroc-Tunisie]." Lyon 3, 2001. http://www.theses.fr/2001LYO33002.
Full textAfani, Adboulaye. "La responsabilité pénale des dirigeants de la société anonyme : Étude de droit comparé : France-Allemagne-Espace OHADA." Perpignan, 2009. http://www.theses.fr/2009PERP0957.
Full textOwing to disparities in the penalties applied to managers of Limited Companies, and faced with the urgent need to endow: itself. " with a consistent law System which could more efficiently meet with the new requirements of global economy. The member states of the EU and the countless of the OHADA zone ( Organisation for the harmonization of business law in Africa) are now compelled to bring into line their current legal regulations. In this respect, the present research aims at taking stock of the penalties in force in certain EU states. More particularly in France and Germany, as well as in some countries of the OHADA zone. It also reveals the already made standardizing efforts as well as the ones which are still to achieve
Folly, Messan Agbo. "Le statut des dirigeants sociaux en droit de l'OHADA." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10009/document.
Full textThe manager statute in OHADA law presents a homogeneous face. On the one hand, the statute is rigid in the practice of organization’s manager. This rigidity bases on two fundamental elements : the legal powers of the managers and the judicial sanctions which are applied against the faults of the managers. The powers are increasing because of the saving of their inflexible powers in the ordinary operations and the decline of the classic’s force of opposition witch are making out of protecting the organizations against the serious operations. In front of increasing omnipotence of the managers, the judicial sanctions appear as veritable force of opposition to dissuade and punish the faults of the managers. The sanctions are applying to any faults which are committed in ordinary or grave operations. On the other hand, the statute is flexible in the management’s organization. Generally, this flexibility is real when it is necessary to reinforce or stabilize the management. But, the liberty of the management’s organization is limited when it concerns the structures. The liberty is limited by the necessity to respect the organization’s law. A part of the necessity to review the collaboration between the executive structures, it is important to reinforce the control on the managers operations by facilitating the implication of the extern structures in the organization’s direction to get dynamic governance
Bassène, Philippe Kouhangholale. "Les mesures d’exécution sur les valeurs mobilières et les droits d’associé dans l’espace OHADA." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10035.
Full textThe introduction to the social securities specific enforcement measures, is one of the key issues of standardization achieved by Uniform Act simplified recovery procedures and channels implementation of OHADA. No one can doubt that the social securities are certainly the most important part of the movable property. Yet the question of entering social securities had not been taken into account by the laws of the several States party to the OHADA. It is true that the use attempted to provide a specific solution to the seizure of shares and securities. But this solution recommended did not seem suited to the reality of the property involved. Indeed, the practice had spread to seize on, the corporate securities in the hands of third parties or agent of the issuer of the securities, but this practice was inappropriate because the holder of the securities is not representative of the creditor. He is, according to the case, the agent of the issuing entity or agent of the account holder. The inadequacy of this practice was especially burdensome for practitioners and opportunities to seize social securities multiplied. Thus, the gradual importance of social securities warrants, on behalf of the effectiveness of the right to seize, that appropriate measures are introduced to regulate the seize of securities and associated rights in the OHADA. Remains to be seen if these measures are not heavy enough for the creditor because, in addition to the general difficulties of execution that the creditor will meet throughout the procedure, they are characterized by some technicality due to the inclusion rules of company law and securities law
N'Takpé, Adjoua Marie-Hortense. "La société anonyme unipersonnelle en droit OHADA : étude critique." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0097.
Full textThe one-person limited company under the OHADA LAW has seen itslegal regime being defined with reference to the regime of the multi-persons limited company,with minimum adaptations. In fact the one-person character of the Limited company gives it a certain peculiarity that renders inappropriate the pure and simple transportation of rules of the multi-person limited company model. Besides the difficulty of implementation that it oftenentails, the technique of referring leaves unresolved many questions raised by the one-personlimited company model. The legal regime of the one-person limited company as a whole thatarises is insufficiently adapted to the unique shareholder.An adaptation of the one-person limited company legal regime of the OHADA LAWto the particularity of the one-person thus becomes necessary. It has to be undertaken underthe simplification of rules, on the one hand with regards to the company, through rules relatedto its constitution and its evolution, on the other hand, with respect to the actors that are thesole shareholders, administrative and control bodies
Allam, Yassine. "Le capital-investissement en droit OHADA." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1090.
Full textIn the last decade, the OHADA countries have seen a significant increase in private equity transactions. The OHADA region’s economic outlook, relative political stability and projected population growth make the region of prime interest to investment funds due to tremendous growth and investment opportunities. This new dynamic makes it important to consider OHADA law’s ability to meet the legal requirements of private equity funds in structuring and conducting their operations.This thesis (i) analyses the main legal issues for private equity under OHADA law and (ii) compares the handling of such issues under OHADA law with their handling under French law. As such, this thesis addresses the legal instruments for taking ownership interests, management rules for target companies (including shareholder agreements), and exit strategies. The objective of such analysis is to identify the strengths and weaknesses of the current OHADA law regime from a private equity perspective
Bounda, Sosthène. "Le Comité international de la Croix-Rouge en Afrique centrale à la fin du XXe siècle : cas du Cameroun, du Congo Brazzaville, du Congo Kinshasa et du Gabon de 1960 à 1999." Thesis, Bordeaux 3, 2015. http://www.theses.fr/2015BOR30053/document.
Full textThe International Committee of the Red Cross ICRC abstract is a humanitarian organization founded in 1863 by the Committee of five Swiss citizens: Moynier, Henry Dunant, Guillaume Dufour, Louis Appia, ThéodoreMaunoir. Creates the basis for the relief and assistance to victims of war, an initiative of Henry Dunant from a memory of the War of Solferino, the ICRC will extend its scope after the Geneva Convention of 1949. In Indeed, the ICRC is the NGO most represented in the world and it is appropriate that it was price-Nobel Peace Prize in 1901 awarded to Henri Dunant, in 1917, 1944, 1963 for his effort during the different conflicts, but also the Balzan Prize for humanity, peace and brotherhood among peoples in 1996. It was established gradually in all continents after the Second World War. Before that, she was a mostly European NGOs. In Central Africa, the delegation of the International Red Cross is based in Yaounde, Cameroon and includes the Central African countries such as Congo, DR Congo, Gabon, Equatorial Guinea and Sao Tome. In these countries the work of the ICRC varies Humanitarian needs of each other. The more a country is at war, most of the ICRC's intervention is important. This procedure is done in accordance with the rules established in the various Geneva Conventions, the Hague and many others. Of these conferences was born on international humanitarian law that codifies the ICRC's work in the field, especially in time of war, but also those of other NGOs, including UN entities. International law is respect for human rights and the environment in times of armed conflict. Thus the ICRC's work in Central Africa was greater in Democratic Republic of Congo and Gabon, which remained without military conflicts since 1960, starting date of our chronological terminal. The countries that are the subject of our study experienced various vicissitudes: Bakassi war for Cameroon, the civil war in Congo Brazzaville and war multifaceted ending in the Democratic Republic of Congo. The intervention of the ICRC in time of peace is often left to National Societies must train rescuers dissemination of international humanitarian law, including their daily activities to beg governments in their health missions, hygiene. Even the ICRC mission in peacetime is damage limitation in time of war
Mafeuguemdjo, Blandine. "Etude comparée en droit OHADA et français de la protection du créancier chirographaire d'une société en difficulté." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3010/document.
Full textThe exercise of an economic activity is a path fraught with obstacles. This is evidenced by the number of liquidations closed for lack of assets. For the year 2018 in France, there are 37,214 judicial liquidations against 16,359 judicial restatements. Similarly, in the OHADA space, despite the absence of a study to quantify the number of corporate failures, we know that the judicial liquidations remain significant and problematic. Many societies are dying without even going through a collective process, especially those operating in the informal sector. This situation is not without consequences for unsecured creditors who have no real or personal guarantee. The status of unsecured creditor does not, in most cases, result from a choice of the creditor concerned. This is a situation that is imposed on him, especially for reasons related to the cost of taking a guarantee. This situation is all the more worrying as the unsecured creditor may become, in turn, a debtor in difficulty. It is therefore important to look for a way to protect it. The first way to do this is to prevent it from being confronted with an unpaid situation, which involves preventive actions aimed at preventing, in order to avoid them, the difficulties of its debtors. In this respect, the mechanisms for preventing difficulties must be geared to better involving unsecured creditors in the early treatment of society's difficulties. On the other hand, because prevention does not prevent the occurrence of difficulties, it is important to look for ways to preserve unsecured creditors when a collective proceeding is still open. The subscription of an insurance can then be considered
Mbemba, Rudy Calva. "L' ordre social : histoire et justice pénale dans la société traditionnelle kongo depuis les origines jusqu' au XXème siècle." Toulouse 1, 2000. http://www.theses.fr/2000TOU10092.
Full textThe history of Kongo is exceptional in Black Africa. In 1491, Kongo society welcomed the Europeans. Getting in contact with Portugueses, Kongo people discovered the Christianity, the handwriting and European law
Druetz, Thomas. "La contractualisation de compagnies militaires privées dans la guerre - Retour à l'utilisation des mercenaires ou nouvelle configuration de l'exercice de la violence légitime?" Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26779/26779.pdf.
Full textAubriot, Julie, and Julie Aubriot. "Usages militants du droit à l'eau en Afrique du Sud : du projet Gcin'Amanzi à l'affaire Mazibuko." Phd thesis, Université Paris-Est, 2012. http://pastel.archives-ouvertes.fr/pastel-00832289.
Full textPlantavin, Cédric. "La société financière internationale (membre du groupe de la banque mondiale) et ses interventions en Afrique subsaharienne : aspects juridiques et fonctionnement." Nice, 1999. http://www.theses.fr/1999NICE0037.
Full textTechnical international organizations are supposed to serve cooperation between nations. The most active of them act in development and their purpose is to serve common interest. World bank group institutions, which are international bank for reconstruction and development (IBRD), international development association (IDA), international finance corporation (IFC) and multilateral investment guarantee agency (MIGA), have statutory duty to enforce this development by providing capital to requesting states in favor of investment on their territory. In this context, each of them follows a specific mission and has special competencies. Close to the IBRD, an organization with general competencies working with states, IFC (corporation) has a special vocation. It's directly interested in private sector of less developed countries and, by this way, performs two kinds of missions : technical assistance and financing. It's the "advice bank" of developing countries. Sub-Saharan Africa is one of its operational area where it interferes in priority. Advisory services have been recently developed. They allowed to disclaim the African continent specificity. Like this, the corporation could put particular tools dedicated to African private sector. Then, its banking activity is interested in private sector productive projects financing. The corporation promotes investment in this domain either by furnishing owner's equity or by liberating private capital. On the African continent, it has a small enterprises trust fund. Structurally, IFC is regarded as an international investment bank, but its vocation to operate in less developed areas makes it an atypical international organization which develops specific instruments
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
Ndiaye, Moustapha. "La construction constitutionnelle du politique en Afrique subsaharienne francophone." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD030.
Full textThe constitutional’s construction of the current politics in francophone sub-Saharan Africa is the result of an historic will : the European colonization. After decolonization, the discourse of the civilizing mission is strictly followed because Francophone African constitutions, which follow the French’s Constitution dedicated the French model of the democratic nation-state. But the institutionalization of democratic nation-state is generally unsuccessful. The application of unitary democratic nation-state model will generally lead to inter-community conflicts, either for the control of power within the nation-state (through armed struggle or the law of the Democratic majority) or to separate from the nation state. The amendments so far made have failed to resolve the crisis of politics because they always fit under the constitutional paradigm of unitary model of the democratic nation-state (monocommunautaire nation and state unit), thus ignoring a key fact Saharan political namely pre-colonial or ethnic collective identity. Therefore, as was done in other countries (Belgium, Canada, Spain, Ethiopia …), the resolution of the political crisis in sub-Saharan countries could find a resolution in the adoption of pluralitaire a constitutional model , that is to say, the recognition of the constituent community diversity of the nation (multicommunity nation) to which correspond a pluralitaire form of political power (federal state, regional or state Democratic Federation)
Zadi, Jonas. "La question de la bonne gouvernance et des réalités sociopolitiques en Afrique : Le cas de la Côte d'Ivoire." Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-01021645.
Full textRobin, Nelly. "Migrations, observatoire et droit. Complexité du système migratoire ouest-africain. Migrants et normes juridiques." Habilitation à diriger des recherches, Université de Poitiers, 2014. http://tel.archives-ouvertes.fr/tel-01071279.
Full textCisse, Losseni. "La problématique de l'Etat de droit en Afrique de l'ouest : analyse comparée de la situation de la Côte d'Ivoire, de la Mauritanie, du Libéria et de la Sierra Léone." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00677274.
Full textNguedam, Deumeni Sylvie. "Du discours à la pratique des droits de la personne : pour une analyse sociologique de l'individualisme en Afrique subsaharienne : le cas du Cameroun." Doctoral thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/25710.
Full textThis thesis analyzes, through the case of Cameroon, the transformations of the social link in sub-Saharan Africa, in a context where the juridico-normative modernity embodied by the universalism of human rights is transforming the social space so as to leave more room to individual choices by loosening community constraints. It is based on a qualitative research with fieldwork carried out in the city of Douala in Cameroon during which thirty life stories of men and women of twenty five years and above were collected. The analysis of the contents of these biographies reveals the complexity of the reconfiguration of the lifestyles whereby, with the advent of human rights discourses, individuals fashion original forms of individualization. These are very different from the loose autonomy that the ideology of human rights confers to the abstract notion of individual and to concepts of rationality and individualism whose universal relevance as categories of thought are taken for granted. This thesis shows how, in sub-Saharan African societies, the consciousness of human rights involving self-consciousness challenges community rules and ascribed identities. However, this does not implies the rejection of the communitarian framework, but rather the evolvement of an individual who manages to forge a place as a subject of rights within a hierarchical and constraining communitarian system. The consciousness of human rights infers a process of individualization in which the individual longing for his/her rights and for a chosen identity constantly navigates between allegiance to community rules and self-fulfillment. It is an individual who asserts himself and assumes more and more responsibility for his/her choices, but at the same time take responsibility for the future communal relationships which are essential to his/her life; because these relationships bring him/her material support, recognition and social integration. Individualization is negotiated without breaking down the dialectics between individual and society, between tradition and modernity, between the subject of the law and community subject in an environment subjected to the dynamics of a singular modernity.
Evelamenou, Kokou Serge. "Le concordat préventif en droit Ohada." Phd thesis, Université Paris-Est, 2012. http://tel.archives-ouvertes.fr/tel-00826568.
Full textMoundounga, Séraphin. "L'Union européenne et la paix en Afrique subsaharienne." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00871641.
Full textFischer, Bénédicte. "Les relations entre l'administration et les administrés au Mali : contribution à l'étude du droit administratif des Etats d'Afrique subsaharienne de tradition juridique française." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00944623.
Full textOurigbale, Koué Stéphane. "Les pouvoirs de la Commission africaine des droits de l'homme et des peuples." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020042.
Full textThe protection powers of the African Commission give rise to various criticisms because of its non-jurisdictional nature. However, it has continued to expand its field of action and strengthen its powers of protection despite the creation of an African Court. The analysis of the factors of the rise of this body of control has revealed a double dynamic resulting from its relations with the States and its interactions with other actors of the African system. A first dynamic favoured the construction of powers specific to the African Commission through an operationalization of its advisory function and a ‘jurisdictionalization’ of its contentious function. A second dynamic consisted of a reconstruction of the powers of States around the idea of the inviolability of human rights and a rebalancing of the obligations and rights of the various actors of the African system for the protection of human rights. It has thus been shown that the African Commission has freed itself from certain structural and normative restrictions in order to give the necessary effectiveness to its mission of protecting human rights in Africa. As a result, it remains the main safeguarding body likely to enhance the effectiveness of the African system in a complementary way with the action of the other mechanisms. In reality, the effectiveness of the protection of human rights results less from the jurisdictional nature of the supervisory body or from the binding nature of the instruments in force than from the practice of the actors in the system and their ability to respect the protected rights
Sène, Moustapha. "Les nouveaux militantismes politiques dans les ONG de droits de l'Homme du Sénégal : Études comparatives des trajectoires de l'engagement et de la reconversion." Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G023.
Full textIn the traditional social organizations of Sub-Saharan Africa, the struggle for national liberation and the emergence of contemporary Senegal, Human Rights have held an important place in society and they have played a pivotal role in the process of constructing the rule of law and democracy. The gradual opening to political pluralism in the 1980s and 1990s proved to be an excellent opportunity for people working on behalf of Human Rights in Western Africa and for NGOs such as RADDHO, ONDH, Amnesty International/Senegal to progressively expand and participate in the building of civil society, education, citizenship and the reinforcement of democratic acquisitions. However, with the arrival of the first wave of political change in 2000 came a regression in the respect of Human Rights. This renewal of militancy taught us about the trajectory of the militants themselves, the organization and operational strategies of Human Rights NGOs and new configurations of the public arena which were translated into the social, cultural, economic and political issues faced by Senegal. This situation has refocused attention on the impact of political militancy on Human Rights and the public arena and it is the core of this study
Adje, Couzahon. "L'accord de partenariat de Cotonou : vers une nouvelle forme de coopération entre l'Union Européenne et les pays d'Afrique, des Caraïbes et du Pacifique?" Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-01022524.
Full textTankoua, Roméo. "Criminalité et justice pénale dans l'espace CEMAC : de l'expérience nationale à l'ouverture communautaire du droit criminel." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA024.
Full textThe dynamics of economic integration in CEMAC’s region is based on free movement of people, goods and capital. Helped by the opening of the borders, people are free to move from one country to another for economic and security reasons. This is the consequence of instability in many countries such as Central African Republic, Chad and Congo. The major problem is that, how to manage delinquency specially the prevention or the repression of the national and the cross border criminality? In fact, it is nowadays advisable not to allow the countries which are welcoming foreigners to behave as a paradise in such a way that, those who have troubled the national order should not be punished. Even though at the national level there are still some misunderstandings concerning the criminal law. At the national level and particularly as far as Cameroon is concerned, the main aim which is to fight against criminality has many problems, especially modernity way through which our court is passing. According to the Cameroon (new Code of criminal procedure of july 2005), CAR (two new codes, penal and criminal procedure, 2010) and Chad (Prajust, 2008) . As far as community is concerned, CEMAC has really specialize, in police cooperation, which is necessary to over pass all the transgression, which are caused by social nuisants. Actually, the legislator can capitalize the expertise of OHADA’s book, and open himself to European Union experience
Compaore, Delphine. "Le sport, analyseur de la place de l'Afrique dans la coopération internationale : l'exemple de la politique sportive de la France en Afrique-Burkina faso (1960- 2010)." Phd thesis, Université Paris Sud - Paris XI, 2012. http://tel.archives-ouvertes.fr/tel-00787630.
Full textFrasson-Quenoz, Florent. "La construction de la communauté de sécurité africaine : une perspective africaine." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30015.
Full textThe difficulties met to insure the preservation of the peace and the international security on the African continent constitute a real obstacle to the economic development, a danger for the populations and a serious threat for the survival of States.The classic theoretical tools of the international security having proved insufficient to provide an answer to this issue, our objective is to determine, on the basis of the constructivist approach, whether African States show a real willingness and\or a capacity to build a Security Community (SC) that would be able to overcome these difficulties.In order to do so we question whether a link exists between the production of “speech acts” on the one hand and the promotion and the adoption of pacific regulation norms for conflicts on the other, and we examine the way African States apprehend their relations with other members of the supposed SC.The additional use of the concept of “region” and the adoption of an African perspective allow us to divide the object of study "Africa" into several subsets more propitious to the achievement of a scientific study, and to evaluate the relevance and the meaning of the SC concept when applied to the African field of study
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 textNguimbi, Arnold. "Le monde carcéral dans la littérature africaine : lecture de "Toiles d'araignées" d'Ibrahima Ly, "Prisonnier de Tombalbaye" d'Antoine Bangui et "Parole de vivant" d'Auguste Moussirou Mouyama, "Le mort vivant" d'Henri Djombo." Phd thesis, Université Paris-Est, 2008. http://tel.archives-ouvertes.fr/tel-00462161.
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