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Specific provisions for certain Pledges

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 […]

Common Provisions on Mortgages in OHADA Law

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].” […]

The Different Sources of Mortgages in OHADA Law

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 […]

The Distribution of Funds in OHADA Law

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 […]

The Entrepreneur in OHADA Law

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 […]

The Obligations to the Parties to a Sales’ Contract in OHADA Law

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 […]

The Sales Contract in OHADA Law

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 […]

Case Summary 009/2023

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 […]

Case Summary 007/2023

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

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 […]

Case Summary 004/2023

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 […]

Case Summary 001/2023

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 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 […]

Case Summary 046/2022

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 […]

Presentation of commercial intermediaries in OHADA Law

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 […]

The Lease for Professionnal Use 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 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 […]

Computerisation of services in OHADA Law

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, […]

File Keeping in OHADA Law

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 […]

Presentation of the RCS

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 […]

Registration in the RCS

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 […]

Case Summary 024/2023

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) […]

App. 006/2020_Ghaby Kodeih vs Republic of Benin

Case of Ghaby Kodeih vs Republic of Benin On February 14th, 2020, Mr. Ghaby Kodeih filed an application instituting proceedings against the Republic of Benin concerning alleged violations of the African Charter on Human and Peoples’ Rights (the Charter) in its articles 7-1 ( a), 7-1 (d) and 14. Indeed, he claims that a seizure […]