Download Business Law in Africa: Ohada and the Harmonization Process by Boris Martor, Nanette Pilkington, David S Sellers, Sebastien PDF

By Boris Martor, Nanette Pilkington, David S Sellers, Sebastien Thouvenot

Criminal harmonization is a vital step to encouraging overseas funding in Africa and the improvement of sustainable pan-African alternate. Now in a completely up-to-date second version, enterprise legislations in Africa explains the recent process of legislation, now being constructed and promoted by way of the association for the Harmonization of commercial legislation in Africa. OHADA's crucial target is to advertise fiscal integration and improvement by way of making a safe criminal framework for the behavior of industrial in Africa. that allows you to do so target, OHADA has enacted a few legislation, referred to as Uniform Acts, on a variety of points of commercial legislations together with advertisement and corporate legislation, insolvency, securities and arbitration. those Uniform Acts are without delay appropriate all through OHADA's member states and the purpose is to recruit extra participants and to unfold the foundations of OHADA throughout Africa. This authoritative publication bargains an summary of the goals and achievements of the OHADA process and explains intensive the laws that has been issued so far.

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17 When this has been done, the Permanent Secretariat calls a plenary session of all the national commissions, to reach a consensus on the draft. 18 footnote 3. However, Cameroon’s Constitution allows the constitutional court to be seised by one-third of the members of the National Assembly or of the Senate if they consider that a law or a treaty is unconstitutional. The fact that this has not occurred with regard to the OHADA Treaty, which, pursuant to its Article 52, has been ratified by the Member States in accordance with their constitutional procedures, suggests that ratification of the treaty is deemed to have resulted in a delegation of certain sovereign powers to OHADA and that this delegation has in turn been ratified by the parliament.

11 The imposition of French as the only official language of the Uniform Acts is therefore viewed as unconstitutional and has led to serious resistance to the Uniform Acts in the English-speaking provinces of Cameroon. Moreover, on a practical level, the fact that French is the only working language of OHADA certainly gives rise to difficulties of comprehension and application of the Uniform Acts in those countries where French is not spoken. 2. Procedure for the adoption of Uniform Acts The procedure for the adoption of Uniform Acts is laid down by Articles 6 et seq of the treaty.

9. Assignment The lessee may assign the lease to a purchaser of its commercial business. 59 The lessor may only object to the assignment for serious and legitimate reasons, such as 53 Article 93. 54 Article 101. For an interpretation of this article, see CCJA Judgments Nos. 006/2003 dated 24 April 2003 and 011/2004 dated 26 February 2004, according to which reference should be made to the applicable national law to determine what procedure should be followed for service of the formal request and which court has jurisdiction to order a termination of the lease.

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