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The OAPI member states constitute a space for the harmonization of copyright in Africa. This harmonization is yet to be completed, as attested by the conventional rules relating to the publishing contract. In addition, investigating about the publishing contract in the OAPI space requires an examination of both the text of the Bangui Agreement and that of the national laws of the 17 member states. Some differences must be pointed out keeping in mind the question of possible conflict of laws. [ABSTRACT FROM AUTHOR]

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La présente étude qui a porté sur l’annulation totale ou partielle de la rémunération d’un dirigeant social de société anonyme en droit OHADA s’articule autour de deux points. Le premier aborde les notions des administrateurs ou dirigeants sociaux des sociétés anonymes et leurs rémunérations, modalités de fixation et l’organe compétent (point I), tandis que le second porte sur les possibles violations et sanctions liées aux modalités de fixation de ces rémunérations (point II). Ainsi, il s’est révèle qu’il est possible d’annuler totalement ou partiellement la rémunération d’un dirigeant social, par le juge en droit de l’Ohada. Mais, cette nullité doit reposer sur la violation d’un texte, car l’Acte uniforme relatif au droit de sociétés commerciales et du groupement d’intérêt économique consacre en son article 244 le principe selon lequel, « pas de nullité sans texte ».

This article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts.

De toute évidence, la lutte contre le secteur informel en RDC constitue l'un des facteurs de la dynamisation de l'économie nationale. Cette lutte nécessite que les mesures idoines soient prises, entre autres l'engorgement de tous les canaux de facilitation des activités économiques informelles, à travers les règles claires dont la violence est sévèrement sanctionnée de manière à dissuader tous les récalcitrants. En effet, parmi les mesures juridiques prises par le législateur de l’OHADA figure la consécration des sociétés commerciales pouvant fonctionner sans personnalité juridique, c'est-à-dire de façon informelle, dont la société en participation. Et plusieurs se cachent derrière ces formes de sociétés pour légitimer leurs activités informelles, tout en se soustrayant du contrôle étatique. Cette étude vient apporter la lumière quant à ce. Elle précise que la consécration de la société en participation, comme pour les autres sociétés sans personnalité juridique, n'est pas à concevoir comme un moyen d'encourager les opérateurs économiques à y recourir, mais une sanction à l'encontre de ceux qui auraient donné l'impression d'avoir constitué une société commerciale et voudraient se soustraire des obligations qui en découlent, en évoquant l'absence de la personnalité juridique. Ainsi, il est important que le législateur renforce les sanctions contre tous ceux qui s'y livrent de manière à ne pas permettre la dénaturation de sa réforme.

Le droit commercial de l’OHADA a connu d’importantes innovations suite à l’adoption du nouvel acte uniforme portant sur le droit commercial général. Le statut de l’entreprenant figure au rang des institutions qui ont été particulièrement affectées par la réforme. En effet, l’apparition de l’entreprenant dans les dispositions de l’Acte uniforme vise plusieurs objectifs mais principalement la promotion du passage de l’économie informelle à l’économie formelle. Toutefois, la transposition de ce nouvel opérateur économique dans l’espace OHADA, en dépit de toutes les opportunités et avantages que cela offre aux économies des Etats-Parties, se trouve butée aux moult obstacles qui ont empêché son effectivité après une décennie jusqu’à ce jour et constitue un frein au caractère attractif du secteur économique informel. Les efforts conjugués par le législateur communautaire en 2010, se trouvant limités notamment par la difficulté de démarquer l’activité commerciale de l’entreprenant à celle du commerçant tout court. Ce faisant, cet article tombe à point nommé, aborde la problématique de la démarcation des activités commerciales de l’entreprenant à celles de commerçant en proposant une ligne de différenciation. Cette suggestion pourrait contribuer, à juste titre, à une forte mobilité d’adhésion de personnes physiques œuvrant dans le secteur économique informel et éviter ainsi l’insécurité juridique et judiciaire dans l’espace OHADA.

This article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts. [ABSTRACT FROM AUTHOR]

La République Démocratique du Congo a adhéré à l’OHADA en date du 11 juillet 2012. Le Traité, les Règlements d’application et les Actes uniformes sont entrés en vigueur le 12 septembre 2012. Il faudra rappeler ici que cette adhésion est consécutive à la loi n° 10/002 du 11 février 2010 autorisant l’adhésion de la RDC au Traité du 17 octobre 1993 relatif à l’harmonisation du droit des affaires en Afrique. A la suite de cette adhésion, plusieurs mesures ont été prises par le Gouvernement de la RDC pour assurer la mise en œuvre de l’OHADA. La présente réflexion passe en revue certaines de ces mesures en vue d’apprécier leurs incidences dans la sécurité juridique et judiciaire de la RDC.

The European-inspired bilingualism and bi-legal system in Cameroon lead to an irregular profile and may be interesting for the European Union (EU) in its quest for preservation of intercultural processes through translation. The Organization for the Harmonization of Business Law in Africa (OHADA) of which Cameroon is part is only affiliated to Civil Law. However, the two legal systems employed in Cameroon (where both Civil Law and Common Law are used) are based on a balance in what concerns the conceptual, epistemic and stylistic representation. Intercultural dysfunction is the consequence of the lack of methodology in legal translation. Collaboration between legal translators and practitioners is key to adopt an agreed-upon model in multilingualism.

The growth of the Member States of OHADA would be difficult if security was not a guiding principle in their financial markets. And so, the CEMAC and UEMOA authorities have taken measures to prevent and address the risks of financial market transactions, namely abuse and default. Thus, on the preventive side, controls are instituted to prevent abuses as well as a guarantee of the default. On the curative side, proceedings and indemnities are provided in case of abuse and, outcome of position and compensation for the victims to provide a guarantee against default. [ABSTRACT FROM AUTHOR]

Copyright of Revue du Financier is the property of Societe Cybel and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This thematic report appraises legal provisions currently governing e-commerce transactions in Cameroon, in particular the matter of online contracts for sales of goods and services. There are uncertainties for Cameroonian consumers in the legal provisions at both regional level – via the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA, the Organisation for the Harmonisation of Business Law in Africa) – and at Cameroonian national level. The report recommends steps to be taken to remedy the uncertainties.

The Organization for the Harmonization of Business Law in Africa (hereinafter referred to as OHADA) was created on 17 October 1993 to foster economic development in Africa by creating a uniform and secure legal framework for the conduct of business in Africa. In an effort to reform the law of contracts in its Member States, OHADA has prepared the Preliminary Draft of the Uniform Act on the Law of Obligations (hereinafter referred to as the Preliminary Draft). Several provisions of the Preliminary Draft set forth general principles concerning choice of law in international commercial contracts. Indeed, the Preliminary Draft encompasses innovative provisions on party autonomy in international contracts, such as the explicit recognition of the right of parties to choose the law applicable to their contracts and the inclusion of limited exceptions to party autonomy (overriding mandatory rules and public policy). Yet, it still needs to be improved in respect of various issues, including for instance the ability of parties to choose different laws to apply to distinct parts of their contract and the possibility for the parties to expressly include in their choice of law the private international law rules of the chosen law. This paper analyses the provisions of the Preliminary Draft in the light of the Hague Principles on Choice of Law in International Commercial Contracts (hereinafter referred to as the Hague Principles). More particularly, it explores how the Hague Principles can help refine the rules on party autonomy contained in the Preliminary Draft to enhance legal certainty and predictability in the OHADA region. [ABSTRACT FROM AUTHOR]

The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style or simple semantics? Certainly not, because the legislature in 1997, had not previously dared revise the designation commercial lease that no longer fit with the extension of the beneficiaries he had devoted himself. With the reform of December 2010, the institution of the lease has just renamed. Parliament also confirmed the extension of the scope of economic actors involved in the protection of the lease. The regime of former Uniform Act was therefore not fully extended, particularly since we noted another significant change in the new text. Contrary to former Article 69 which devoted two cumulative criteria necessary for the implementation of the lease of the regime, including the situation in a populated city of more than 5,000 people and membership of local under lease to a designated class, the new text retains a single criterion, that of belonging to a local specific category. This mutation disrupts some basics of goodwill theory. Indeed, with the increasing scope of lessees, there is a sliding protection to professional trader. This causes result in a substitution of the lease of the foundation that passes from customer to the profession. The loss of the privileged place of business customers coupled with doctrinal and jurisprudential developments in the theory of civil customers, argue for an assimilation of the different customer categories.

Taking into account the status of spouses by business law of the Organization for the Harmonization of African Business Law (OHADA) is referring to general commercial law and company law. The OHADA legislator values the status of spouses devoting equality between spouses, through the possibility for them to be able to be involved in low risk companies; the recognition of the de facto company between them and the right granted to each power, under the same conditions, benefit from the commercial lease originally attached to privileges. The consideration that the OHADA law grants the quality of husband appears in heritage protection thereof, insofar as it puts it away in case of depletion bad deal made by one of them . This is why the prohibition for spouses to be involved in the unlimited risk firms and the requirement of a separate trade as a condition for the spouse of the trader can also acquire the same status. But the heritage protection system spouse taken from the OHADA business law is supplemented by certain mechanisms of civil law, including matrimonial property regimes, although not all have the same efficiency. Indeed, among the two groups of matrimonial property regimes are known as separation schemes and those of the community property, only the first effectively protect the couple's assets. This objective likely was not assigned to the second from the design. These look more forward the merger of most of the assets of the couple without the slightest idea of calculation.

Copyright of Vie et Sciences de l'Entreprise is the property of ANDESE and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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. [ABSTRACT FROM AUTHOR]

The title of this contribution concerns the sovereignty of OHADA’s States as a solution or a problem of juridical integration. In our analysis, we consider that the States of the OHADA’s area are the main actors of this integration. In fact, the States express their sovereignty towards organs and tools of OHADA. In one hand, the way States express their sovereignty enable to have the same law amongst OHADA’s States. In another hand, by allowing any State to have his own criminal law (as far as sanctions are concerned) the aim of integration (unification) has been jeopardized. The solution of this problem is to have the same penal approach.

Ever since the colonial era, attempts have been made throughout the various regions of Africa at building supranational units chiefly for administrative and legal convenience. Examples of such attempts include the Federation of Rhodesia and Nyasaland, the East African High Commission and the federations in former French West and Equatorial Africa, all of which were attempts at forging a supranational nation state. These experiments laid the foundation for further supranational initiatives in post-colonial Africa. In this respect, every region in Africa has either experimented with or is currently experimenting with the idea of supranational regional organisations. This article aims at investigating selected attempts at supranationalism on the continent, the successes and failures of such experiments, and the lessons to be learnt from them. As Africa embarks on the journey of solidifying its unity through the establishment of leviathan continental institutions, efforts should be geared towards building on the experiences of past and present experiments at the sub-regional level. Such experiments offer instructive lessons as they are rooted in similar historical and social contexts.

The rapid increase in globalisation in the last two and a half decades has resulted in a global culture of doing business. States respond to such flexibility by harmonising their business laws. Some of these laws are further supplemented by global values that are, in most cases, ethical. This article combines the stakeholder theory of corporate governance with ethical positivism to investigate the place of ethics in the OHADA member state of Cameroon. Using in-depth critical content analysis of primary and secondary data, it details the strengths and weaknesses of both models and shows the disconnection between the spirit and letter of OHADA laws. It further asserts that ethics is crawling into OHADA as a result of the forces of nature rather than the foresight of its architects. As such, the article puts forward some recommendations. [ABSTRACT FROM AUTHOR]

The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style or simple semantics? Certainly not, because the legislature in 1997, had not previously dared revise the designation commercial lease that no longer fit with the extension of the beneficiaries he had devoted himself. With the reform of December 2010, the institution of the lease has just renamed. Parliament also confirmed the extension of the scope of economic actors involved in the protection of the lease. The regime of former Uniform Act was therefore not fully extended, particularly since we noted another significant change in the new text. Contrary to former Article 69 which devoted two cumulative criteria necessary for the implementation of the lease of the regime, including the situation in a populated city of more than 5,000 people and membership of local under lease to a designated class2, the new text retains a single criterion, that of belonging to a local specific category. This mutation disrupts some basics of goodwill theory. Indeed, with the increasing scope of lessees, there is a sliding protection to professional trader. This causes result in a substitution of the lease of the foundation that passes from customer to the profession. The loss of the privileged place of business customers coupled with doctrinal and jurisprudential developments in the theory of civil customers, argue for an assimilation of the different customer categories. [ABSTRACT FROM AUTHOR]

The Gulf of Guinea states (GOGs) discussed in this article comprise a diverse group of more than 20 African states bordering on the oil-rich Gulf of Guinea. They are former colonies of Belgium, France, Great Britain and Germany. These states are of strategic importance to the United States, the European Union, India and China because of their tremendous natural resources that include biodiversity, oil, gas and other strategic minerals. But to what extent are they also of strategic importance not only to South Africa but to SADC member states? After all, the GOGs boast of their sea routes being safer and more convenient for sea transport. Post-colonial independence finds these states still adopting a mixture of foreign legal systems side by side with indigenous laws and customs. The region is still underdeveloped, with poor physical infrastructure, weak government structures, an inefficient legal system, and internecine strife and other inter-state disputes exerting a debilitating influence. The NEPAD Plan of Action of 2001 looks to the regional economic communities (RECs) to become the leaders in regional economic co-operation and integration. Although the GOGs are characterised at present by overlapping membership of various communities, they have enjoyed some successes based on the newly found petroleum commodity which, wisely managed, can help to increase intra-African trade and produce a viable extensive African market buttressed by South Africa's economic advances into the rest of Africa. In some of the regions in Africa RECs such as ECOWAS and SADC have been able to transform their economic and monetary co-operation efforts into a powerful driving force for economic policy co-ordination and integration, but a strong, credible, effective and efficient legal framework with sustainable supporting institutions is now needed. South Africa is well poised to assist with deepening the political and economic integration in the GOGs by intensifying foreign direct investment (FDI), capacity-building and training projects, and the transfer of skills and technology. But the RECs' overlapping membership needs to be rationalised, the negative influences of the superpowers need to be resisted, and support is required to maintain peace and stability and ensure the security of the maritime regimes. A strong, independent supra-national body that is also able to supervise and monitor revenues from oil for the benefit of the region as a whole should be established. [ABSTRACT FROM AUTHOR]

Taking into account the status of spouses by business law of the Organization for the Harmonization of African Business Law (OHADA) is referring to general commercial law and company law. The OHADA legislator values the status of spouses devoting equality between spouses, through the possibility for them to be able to be involved in low risk companies; the recognition of the de facto company between them and the right granted to each power, under the same conditions, benefit from the commercial lease originally attached to privileges. The consideration that the OHADA law grants the quality of husband appears in heritage protection thereof, insofar as it puts it away in case of depletion bad deal made by one of them . This is why the prohibition for spouses to be involved in the unlimited risk firms and the requirement of a separate trade as a condition for the spouse of the trader can also acquire the same status. But the heritage protection system spouse taken from the OHADA business law is supplemented by certain mechanisms of civil law, including matrimonial property regimes, although not all have the same efficiency. Indeed, among the two groups of matrimonial property regimes are known as separation schemes and those of the community property, only the first effectively protect the couple's assets. This objective likely was not assigned to the second from the design. These look more forward the merger of most of the assets of the couple without the slightest idea of calculation. [ABSTRACT FROM AUTHOR]

An essay is presented which addresses several of the restrictions that are impacting security interests for mineral titles in the Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) area as of 2015, despite the claim that the OHADA has unified the law governing the granting and enforcement of securities in all of its Member States through Uniform Acts in 1997 and 2010. OHADA securities laws and regulations are examined, as well as mineral property rights.

The article discusses how there are still a limited number of security interests available for commercial companies in the wake of the Organisation for Harmonisation of Business Law in Africa's (OHADA's) enactment of Uniform Acts in 1997 and 2010 which govern the granting and enforcement of securities in all of the OHADA's Member States. International financial transactions are mentioned, along with common and civil laws in Africa. Mortgage laws and African business laws are also examined.

The title of this contribution concerns the sovereignty of OHADA's States as a solution or a problem of juridical integration. In our analysis, we consider that the States of the OHADA's area are the main actors of this integration. In fact, the States express their sovereignty towards organs and tools of OHADA. In one hand, the way States express their sovereignty enable to have the same law amongst OHADA's States. In another hand, by allowing any State to have his own criminal law (as far as sanctions are concerned) the aim of integration (unification) has been jeopardized. The solution of this problem is to have the same penal approach. [ABSTRACT FROM AUTHOR]

Copyright of Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the difficulties inherent to enforcing ICC awards and other commercial awards against sub-Saharan African States or parties, as well as the difficulties of bringing claims and enforcing ICSID (or other treaty-based awards) against sub-Saharan African States in the context of investor/State disputes. It concludes by summarizing potential means for sub-Saharan African States to improve their international arbitration regimes and the enforcement of international arbitral awards in the region. [ABSTRACT FROM AUTHOR]