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
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
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,
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
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
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
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,
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,”
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
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
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
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
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
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.
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
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
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
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
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
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
Memo _ The Presentation of the Register of Commerce and Securities in OHADA Law OHADA law mentions the Register of Commerce and Securities (RCS) in
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
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
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
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
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
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
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
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,
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
