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OHADA: HARMONIZATION OF BUSINESS LAW IN AFRICA
The OHADA Treaty : Signed at Port Louis (Mauritius), October 17, 1993 and amended at the Summit of Heads of state in Quebec City October 17, 2008, the Treaty on the harmonization of Business law in Africa (OHADA) aims to promote, plan economic development and regional integration and justice and in particular:
- States to adopt the same business law, modern and responsive
to the situation of their economies,
- promote arbitration as a means of contractual dispute resolution
- assist in the training and ensure the specialization of judges and court officers.
The Treaty establishes the primacy of the Uniform Acts on national law and their direct applicability.
The Uniform Act provides that the rules of functioning of commercial companies and economic interest, is the company law of all States Parties, since 1 January 2000. People, whatever their nationality, who want to be active in a company, in one of the States Parties are required to choose one of the types of companies under the Uniform Act.
OHADA's States Parties : In January 2010 16 states are parties to the OHADA. : Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad, Togo.
The organization is open to any member or non-African Union (AU), who wants to join. Many African states are increasingly interested in the process of unification of law and state economic law. The DRC (Democratic Repuplic of Congo) has officially announced its joining OHADA in February 2004; this membership is materializing.
The harmonization of labor law and the law of consumer sales are in progress. The harmonization labor law is in its final phase. The construction of harmonization of contract law is also engaged and will be finalized soon. The Permanent Secretary of OHADA benefits for the successful completion of this project support and the UNIDROIT Swiss Development Cooperation (DDC / DEZA). This project is vital because it lays the foundations for harmonization of contract law.
By OHADA
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