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Memo_ Specific Provisions for Certain Types of Pledges The Uniform Act on Securities (UA-OS) regulates the regime of pledges in OHADA law. Some rules are applicable regardless of the specific movable property being pledged[1] , while others are specific to certain types of assets, including debts and bank accounts (I), shareholders’ rights, securities, and financial […]
Memo_ Common Provisions on Mortgages in OHADA Law The Uniform Act Organising Securities (UA-OS) defines a mortgage as “the allocation of a specific or determinable property belonging to the constituent as security for one or more claims, whether present or future, provided that they are specific or determinable. It can be legal, conventional, or judicial.[1].” […]
Memo_ The Different Sources of Mortgages in OHADA Law The Uniform Act Organising Securities (UA-OS) regulates the sources of mortgages, whether they are of conventional, judicial, or legal origin. Unless otherwise specified, the rules applicable to conventional mortgages (I) also apply to forcible mortgages (II)[1]. I – Conventional Mortgages The validity of conventional mortgages is […]
Memo_ Distribution of Funds and Classification of SecuritiesThe Uniform Act Organising Securities (UA-OS) organises the distribution of proceeds and the classification of securities. The procedure for the distribution shall be determined by the rules governing the means of enforcement, subject to the following provisions concerning the distribution order[1].When the latter come from the realisation of […]
Memo_ The Entrepreneur in OHADA Law One of the important changes of the Uniform Act on General Commercial Law (UA-GCL) in its amended version of 2010 is the introduction of the status of the entrepreneur (I) and the list of his obligations (II). I_ The status of the entrepreneur Article 30 UA-GCL defines the entrepreneur […]
Memo _ The obligations of the parties to the sales contract under OHADA lawOnce the sales contract has been signed[1], the Uniform Act on General Commercial Law (UA-GCL) deals with the commercial relationship between the parties, both the seller (I) and the buyer (II).I_ The contract of sale considered from the seller’s point of viewThe seller is […]
Memo_ The Sales Contract in OHADA LawThe Uniform Act on General Commercial Law (UA-GCL) establishes a supplementary regime for contracts for the sale of goods between traders, whether they are natural or legal persons who have the seat of their activity in a Member State or when the rules of private international law lead to the application […]
CCJA Case 009/2023_ Nemo auditur propriam turpitudinem allegans The rule “Nemo Auditur,” translated as the legal maxim “no one can rely on their own wrongdoing,” is a classic principle in civil law. It is respected by the Common Court of Justice and Arbitration (CCJA) in the application of various provisions of OHADA law. On May […]
CCJA Case 007/2023_ Only the garnishee, as opposed to a mere third party, can be compelled to pay the causes of garnishment. Believing themselves to be creditors of the Goma spouses, the Koulama heirs initiated a conservatory garnishment with a notary who held funds resulting from the sale of a property owned by their supposed […]
Case Summary 006/2023_ The CCJA has no jurisdiction over cases dealing with criminal law The OHADA treaty specifically adresses the question of the juridiction of the Common Court of Justice and Arbitration (CCJA) which the Court must respect, as is exemplified in the present case. In an attempt to recover a debt it claimed to […]
CCJA Case 004/2023_ An unilateral termination of a lease before the end of the initially agreed contract can be considered an abusive termination On January 22nd, 2010, La Paix SA and Total Marketing Tchad entered into a professional lease agreement for a duration of 5 years, renewable by tacit agreement. At the beginning of the […]
CCJA Case 001/2023_ Banking law is not, at least for now, a subject covered by OHADA law. Like all jurisdictions, the Common Court of Justice and Arbitration (CCJA) must ensure that it has jurisdiction to hear a case and may declare its lack of jurisdiction ex officio. In this case, Ms. Simpara Saran Traore brought […]
The Merchant in OHADA Law The Uniform Act on General Commercial Law (UA-CGL), which entered into force on May 15th 2011, applies to any merchant (natural or legal person) established on the territory of one of the member states of the OHADA area, habitually carrying out commercial activities related to their profession. The Act also […]
CCJA Case 046/2022_ One cannot claim the restitution of funds encumbered by a pledge without having previously provided evidence of the removal of this security. The OHADA law deals with bankrupt companies in a comprehensive manner through various Uniform Acts. In the present case, the alleged violations fall under the Uniform Act on Commercial Companies […]
Memo_ The Enterprise in OHADA LawThe Uniform Act on General Commercial Law (UA-GCL) regulates the operation (I) as well as the transfer (II) of an entreprise under OHADA law.I_ Modes of Operation of an EntrepriseAn entreprise can be operated directly by the merchant (A) or be subject to a lease management (B).A_ Direct Operation of […]
Memo_ The specific provisions regarding certain trade intermediaries in OHADA lawThe Uniform Act on General Commercial Law (UA-GCL) organizes the regime of trade intermediaries by establishing not only the general framework but also highlighting the specific characteristics of certain trade intermediaries operating within the OHADA zone. The Act makes a distinction between intermediaries who remain […]
Memo_ Presentation of commercial intermediaries in OHADA law The Uniform Act relating to General Commercial Law (UA-GCL) organizes the regime of commercial intermediaries in OHADA law by first defining the scope of their prerogatives (I) as well as the legal consequences of their actions (II). I – The scope of the prerogatives of commercial intermediaries OHADA […]
Memo _ The Lease for Professional Use in OHADA LawThe Uniform Act relating to General Commercial Law (UA-GCL), organizes the regime of the commercial lease when the building or premises is intended for commercial, industrial, artisanal or any other professional use[1], or when it is an accessory to a premises or building having one of […]
Memo_Computerisation of Services in OHADA Law The Uniform Act relating to General Commercial Law (UA-GCL) in its amended version of 2010 added a book on the computerization of the Register of Commerce and Securities (RCS), the national and regional registers. These provisions shall apply to the formalities or requests provided for in that uniform act, […]
Memo _ File Keeping in OHADA LawThe Uniform Act relating to General Commercial Law (UA-GCL) deals with the question of the Register of Commerce and Securities (RCS) and its organization. In so far as the RCSs are maintained by the registries or territorially competent bodies in the 17 countries that make up the zone, the […]
Memo _ The Presentation of the Register of Commerce and Securities in OHADA Law OHADA law mentions the Register of Commerce and Securities (RCS) in a large part of the Uniform Acts[1]. However, it is in the Uniform Act on General Commercial Law (AU-GCL) that the OHADA legislator decided to present it both as regards […]
Memo _ Registration in the Register of Commerce and SecuritiesThe Uniform Act on General Commercial Law (UA-GCL) organizes the regime of registration in the Register of Commerce and Securities (RCS), held by the registry of the competent court or the competent authority in a given State party. A national registry consolidates the information entered in […]
CCJA Case 032/2023_The CCJA only hears cases that have been entirelu dealt with by the courts in the States Parties “Anyone who gets impatient has just doubled their waiting time”. The consequences can be much more severe, as this case shows. In this instance, the company LIMAK AIBD SUMMA SA, holding a right of operation, […]
CCJA Case Summary 031/2023_ Spelling errors are clerical errors that do not necessarily expose the act to the nullity that is otherwise provided for by the text. The courts are responsible for the application and interpretation of a text according to the spirit in which the legislator had drafted them. The case presented illustrates the […]
CCJA Case 030/2023_ Appeals must be filed no later than 2 months and 21 days after the judgment undertaken has been served. Procedure is a fundamental part of the law, particularly with regard to time limits and deadlines. Any failure to fulfil obligations may have significant consequences on substantive law, as this judgment demonstrates. In […]
CCJA Case 029/2023_Where it manifestly lacks jurisdiction, the Court need not examine the pleas put forward. The application for review is often used by the parties to circumvent the authority of res judicata. However, few cases manage to successfully argue it and the case beforehand is not an exception. On September 14th, 2020, Total Energies […]
CCJA Case 027/2023_The Common Court does not extend its jurisdiction to facts falling within the sovereign appreciation of the trial judges The question of the jurisdiction of the the Common Court of Justice and Arbitration sometimes raises difficulties since the Court refuses to apply its review to the facts falling within the sovereign discretion of […]
CCJA Case 024/2023_ A judgment which reasoning does not clearly set out the motive for the decision must be quashed for lack of legal basis Seized of an action for annulment of the judgment of adjudication of a building by forced expropriation brought by Mr. Aboubacar SAMASSEKOU against the Commercial Bank of the Sahel (BCS-SA) […]
CCJA Case 026/2023_The distinct legal personality of two entities requires that the judicial formalities be completed for each of them.Some cases are a technical nightmare, others only seem so but truly relate to the simple fundamentals of the law as is the case here. Considering itself a creditor of the company Mota Engil Engenharia E […]
CCJA Case 005/2023_The award decision drawn up by a notary may only be challenged by way of the main action for annulmentProcedural law is considered one of the driest areas of law and yet, unquestionably, one of the most fundamental. Countless trials have been marred by procedural irregularities. This is the case in this instance, […]
