Can OHADA Increase Legal Certainty in Africa?
This paper describes the origins, structure, and practical impact of the Organization for the Harmonization of Business Law in Africa (OHADA). It analyzes the institutional framework created via the OHADA treaty and the legal, jurisprudential, and...
| Main Authors: | , |
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| Format: | Working Paper |
| Language: | English en_US |
| Published: |
World Bank, Washington, DC
2014
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| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/2011/01/15549821/can-ohada-increase-legal-certainty-africa http://hdl.handle.net/10986/18322 |
| Summary: | This paper describes the origins,
structure, and practical impact of the Organization for the
Harmonization of Business Law in Africa (OHADA). It analyzes
the institutional framework created via the OHADA treaty and
the legal, jurisprudential, and functional challenges that
OHADA member states are still grappling with. Details of the
nine substantive laws that have so far been ratified as
uniform acts by means of the treaty have also been provided.
The authors conclude that in making OHADA law effective,
member states face continuing and substantial resource
deficits, institutional deficiencies, language ambiguities,
and intransigent official attitudes toward the need for
appropriate mechanisms for the pursuance and enforcement of
OHADA laws and processes. |
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