OHADA
The Organisation pour l' Harmonisation en Afrique du droit des affaires ( OHADA abbreviated to German: Organisation for the Harmonization of Business Law in Africa) is an international organization founded in 1993, African states. Objective of the organization is to create a common economic law for a common economic space. The participating countries are the 14 countries in the CFA franc zone, which is pegged to the euro, as well as the Comoros and Guinea. Finally, the Democratic Republic of the Congo is a party in 2012. 170 million people live in the countries of the OHADA total.
- 5.1 Contract and Court Procedure
- 5.2 Actes uniform
General
The organization was founded on 17 October 1993 in Port Louis in Mauritius. Fortress was Angedacht a legal union at a meeting of West African finance ministers in April 1991. Shapes took this idea to at the meeting of African heads of state, the CFA franc zone on 5 October 1992 in Libreville. This initiative, led by Abdou Diouf the confidence of foreign investors should be recovered by modern laws should be presented that meet the requirements of modern commerce entsprechen.Viele countries OHADA combines the former belonging to the Union Française or French Community. All countries in the franc zone have joined the OHADA. The CFA franc zone, the countries in which the Central African Currency African CFA franc and the West African Monetary West African CFA franc applies. To OHADA includes the formerly French Guinea, which is not a member of the franc zone, and the non- French-speaking members of the franc zone of Guinea- Bissau and Equatorial Guinea. The binding of the CFA franc with a fixed exchange rate of the franc or euro shows the strong economic and political influence of France. The importance of the CFA franc in the OHADA can be gauged from the fact that he under Article 906 is in corporate law AUSC base currency. From the European Union the most OHADA states will benefit the development policy instrument of the General System of Preferences ( GSP), is by Duty-Free Imports of LDCs (least developed countries). One criticism is that the OHADA was designed for large foreign companies and offer little for the small and medium-sized enterprises, as well as for agriculture. The DRC 2012 is joined with the deposit of its instrument of ratification of the Treaty with the Depositary Senegal. The list of accession candidates is long: Burundi. Cape Verde, Djibouti, Ethiopia, Ghana, Madagascar, Mauritania, Mauritius, Nigeria, Rwanda, Sao Tome and Principe Madagascar adapts its legislation already on the file of the organization without a formal membership.
Community Facilities
The OHADA has four community facilities:
- The Council of Finance and Minister of Justice who gather once a year for " Single Act " ( " actes uniform " ) to decide. Regulations that create domestically applicable and uniform commercial law. The Council of Ministers shall act unanimously.
- A permanent secretariat in Yaounde that the annual meeting prepared and is part of the Council meeting.
- A Management College in Porto- Novo, the ERSUMA ( " École supérieure Regionale de la Magistrature " ), the Court clerks and lawyers in the Member States and further develops.
- A common Court of Justice and Court of Arbitration, the CCJA ( " Cour de justice commune et d'arbitrage ) in Abidjan: The Court is composed of seven elected judges, the term of seven years, renewable once. .
Acte uniforme
The "Uniform Act " of Regulation (EU ) are similar.
General Commercial Law
Acte uniforme relatif au droit commercial général ( AUDCG ) is the uniform act on commercial law. The traders ( individuals and legal entities ) are subject to the rules of the Single Act since January 1, 1998 ( Art.289 ). The act was adopted on 17 April 1997 and published in the official journal of the OHADA on October 1 ( JO OHADA n ° 1 du 1er octobre 1997).
Book 1 - Statute you commercant
The provisions are for commercial transactions (Article 1 ) and determine: Businessman article 2, commercial transactions and exceptions, trade books with accounting obligations (Art. 13 ff. ), Register for the trade and (Article 3 et seq. ) (Art. 5 ff. ) for furniture loans ( RCCM ).
Book 2 - Registre du Commerce et du Crédit Mobilier
In the general part of the provision ( Art.19ff. ) It is determined that the register is administered by the office of competent jurisdiction. The data are collected in a national register and in a (above ) - " regional " index, which is administered to the Court in Abidjan. Article 25ff regulate the commercial register and their effects (Art. 38 et seq. ), Art 44ff regulate the furniture credit registers and their effects (Art. 64 ff. ).
Book 3 - Bail commercial et fonds de commerce
Article 69 et seq. regulate the business lease: Regarding the " Bail commercial" ( lease of the business premises ) in cities with over 5 million inhabitants are the kind 69ff. and (lease of the business ) are with respect to the " Fonds de commerce" the Art.103ff. relevant.
Book 4 - Les intermédiaires de commerce
There are regulations for the financial intermediaries ( Art.137ff. ) Acting for the account of another person in particular for the commission ( Art.160ff. ) Brokers ( Art.176ff. ) And sales representatives ( Art.184ff. ) To strike a bargain purchase agreement with a third party.
Book 5 - La vente commerciale
Articles 202ff. regulate mutual trade purchase. This sale legislation in the fifth book of the AUDCG are based on the UN Sales Convention ( CISG) and the French Civil Code. Some of them are identical in wording. These rules are binding in the domestic trade, even when otherwise provided in the national laws and therefore can not be entirely excluded. (Art. 10 Traité ). Article 205 assigns to the validity of the " droit commun " of domestic law or of the IPR for not AUDCG regulated issues. The AUDCG contains in breach of contractual Duties a central standard in Article 248 ( "Un au contrat de vente manquement ... essentiel " ) which differs in the wording of Article 25 CISG ( " contravention au contrat ... essential" ). The injury the case if the consequences of force majeure or the action of a third party based (cause par le fait d'un tiers ou la survenance d'un événement de force majeure (CISG: predictable "pas prévu " ) ). the same wording is used in Art. 267 again and Article 268 determines the act of a third party in charge does not preclude the liability the design of the notification period in Article 228, 229 AUDCG is surprising. according to Article 229 AUDCG any appeal has ruled out after a year, the cut-off period of the kind. . 2 para 39 CISG was the part of developing countries in Vienna in 1980 so violently attacked that Article 44 CISG was taken, according to which the end of the notice period in Article 39, Section 1 of the CISG does not Rechtsbehelfsverlust occurs when the buyer is a " reasonable excuse " has. In addition to the appeals of the UN Sales Convention, Article 231, paragraph 1 AUDCG a seller liability for " defaut caché " hidden defects, which is based on Article 1641 of the French Civil Code French. In Article 231, paragraph 2 AUDCG is arranged so that the liability not only takes for the seller to the buyer, but also for resale in any further customers. For the cancellation of a contract, the AUDCG requires a judicial declaration design. The Käuferrechtsbehelf the reduction (Art. 260), with partial non-performance (Art. 261) and premature delivery and excess supply (Art. 262) is contrary to the system in the " Verkäuferrechtsbehelfe " (Art. 256-262 ). Article 264 AUDCG corresponds to Article 74 CISG, with the exception of " contemplation rule" that the predictability determines at a loss as limit of liability.
Company law
Acte uniforme relatif au droit des sociétés commerciales et du Groupement d' interet économique ( AUSC or AUSCGIE ) is the uniform act on company law. The trader (natural and legal persons) are the rules of this Uniform Act since 1 January 1998, subject to ( Art.920 ). The act was adopted on 17 April 1997 and published in the official journal of the OHADA on October 1 ( JO OHADA n ° 2 du 1er octobre 1997). Part 1 deals with company law in a general section, so in a law applicable to all forms of society. Part 2 deals with the various forms of society. The third part contains penal provisions.
Safety law
Acte uniforme portant organization of sûretés (AUS ) is the uniform act on the security law. The rules of this Uniform Act in force since 1 January 1998 (Article 151). The act was adopted on 17 April 1997 and has been published in the official journal of the OHADA on October 1 ( JO OHADA n ° 3 du 1er octobre 1997). It includes Personal, furniture and real estate collateral.
Schuldbeitreibungs and Enforcement Act
Acte uniforme portant organization of Procédures simplifiées de recouvrement et d' exécution of voies ( AUPVE or AUPSRVE ) is the uniform act over debt recovery proceedings and foreclosure law. The rules of this Uniform Act in force since 10 July 1998. The act was adopted on 10 April 1998 and has been published in the official journal of the OHADA on July 1 ( JO OHADA n ° 6 du 1er juillet 1998). It includes.
Insolvency Law
Acte uniforme portant organization of collectives Procédures d' apurement you passif ( AUPC or AUPCAP ) is the uniform act on insolvency law. The rules of this Uniform Act in force since 1 January 1999. The act was adopted on 10 April 1998 and has been published in the official journal of the OHADA on July 1 ( JO OHADA n ° 7 du 1er juillet 1998).
Arbitration
This Uniform Act, the Acte uniforme relatif au droit de l' arbitrage (AUA ) represents the joint arbitration law for the 16 Member States represents the rules of this Uniform Act shall apply from 11 June 1999. The act was adopted on 11 March 1999 and been published in the official journal of the OHADA on 1 May ( JO OHADA n ° 8 du 15 mai 1999, p.2 ).
Accounting law
This Uniform Act, the Acte uniforme portant organization et Harmonisation of comptabilités des entreprises ( Auce ) specifies the accounting principles and standards for companies and creates a specific OHADA accounting system. The rules of this Uniform Act in force since 1 January 2001 for consolidated financial statements since 1 January 2002 for consolidated financial statements. The act was adopted on 23 March 2000 and was published in the official journal of the OHADA on 20 November ( JO OHADA n ° 10 du 20 novembre 2000).
Transport Law
Acte uniforme relatif aux contrats de transport de marchandises par route ( AURCMR ) is the uniform act on the transport law. The rules of this Uniform Act in force since 1 January 2004 (Article 31 ). The act was adopted on 22 March 2003.
Labor and contract law
There have been published in 2006, two preliminary studies.