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...
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| Format: | Working Paper |
| Language: | English en_US |
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World Bank, Washington, DC
2014
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| Online Access: | http://documents.worldbank.org/curated/en/2011/01/15549821/can-ohada-increase-legal-certainty-africa http://hdl.handle.net/10986/18322 |
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okr-10986-183222021-04-23T14:03:35Z Can OHADA Increase Legal Certainty in Africa? Beauchard, Renaud Kodo, Mahutodji Jimmy Vital ACCESS TO INFORMATION ACCESS TO JUSTICE ACCOUNTING ACTS ADJUDICATION ANTI-CORRUPTION ARBITRAGE ARBITRAL AWARD ARBITRAL AWARDS ARBITRATION ARBITRATION CLAUSE ASSETS AUDITORS AUTHENTICITY AUTHORITY BAD FAITH BAILIFFS BANKING LAW BANKRUPTCY BANKS BID BROKERAGE BUSINESS ENTERPRISE BUSINESS LAW BUSINESS LAWS CAPITAL FORMATION CASE LAW CENTRAL BANK CIVIL CODE CIVIL LAW CIVIL PROCEDURE CIVIL STATUS CODES COLLAPSE COLLECTIVE COLLECTIVE ACTION COLLECTIVES COMMERCIAL CODE COMMERCIAL ENTERPRISE COMMERCIAL ENTERPRISES COMMERCIAL LAW COMMERCIAL TRANSACTIONS COMMON LAW COMPANY COMPANY LAW COMPETITION LAW CONSTITUTIONS CONSUMER PROTECTION CONSUMER PROTECTION LAW CONTRACT ENFORCEMENT CONTRACT LAW CONTRACT PROVISIONS COPYRIGHT CORPORATE SOCIAL RESPONSIBILITY CORPORATE STRUCTURE CORPORATE STRUCTURES CORPORATION CORRUPTION COURT COURTS CREDITORS CRIMINAL CRIMINAL LAW CRIMINAL SANCTIONS CUSTODY DEBT DEBT COLLECTION DEBT COLLECTION PROCEDURES DEBTOR DEBTORS DEFICITS DEPOSITS DEVELOPING COUNTRIES DEVELOPMENT BANK DOMICILE ECONOMIC DEVELOPMENT EMPLOYMENT LAW EMPOWERMENT EQUIPMENT EUROPEAN UNION EXTERNAL ASSISTANCE FINANCIAL INSTITUTIONS FINANCIAL SUPPORT FISCAL POLICIES FOREIGN INVESTMENTS GOVERNMENT OFFICIALS INCORPORATED INDIVIDUALS INFORMATION TECHNOLOGIES INITIATIVE INSTITUTIONAL INTEREST INSTRUMENT INSURANCE INTELLECTUAL PROPERTY INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL COURT INTERNATIONAL STANDARDS INVENTORY INVESTIGATION INVESTIGATIONS INVESTMENT CLIMATE JUDGE JUDGES JUDICIAL SYSTEMS JUDICIARIES JUDICIARY JUSTICE SYSTEM JUSTICE SYSTEMS JUSTICES LAW FIRM LAW OFFICES LAWS LAWYER LAWYERS LEASE AGREEMENT LEGAL ENVIRONMENT LEGAL INSTRUMENTS LEGAL PROFESSIONS LEGAL PROVISIONS LEGAL STATUS LEGAL SYSTEM LEGAL SYSTEMS LEGAL TOOL LEGISLATION LIMITED LIMITED LIABILITY LIMITED LIABILITY COMPANIES LIQUIDATION LITIGATION MAJORITY VOTE MARKET ECONOMY MEMBER STATE MEMBER STATES MICROFINANCE MICROFINANCE INSTITUTIONS MINISTERS MODEL CODES MODEL LAW MOVABLE GOODS NATIONAL LAW NATIONAL LAWS NATIONAL LEGISLATION NOTARIES PARTNERSHIP PENALTIES PERSONS POLICE PRISON PRIVATE LAW PROPERTY RIGHTS REAL PROPERTY REGISTRATION OF SECURITIES REMEDY RESIDENCE RIGHT OF OWNERSHIP RIGHT OF OWNERSHIP. RULE OF LAW RULINGS SECURED TRANSACTIONS SEIZURE SETTLEMENT SOCIETIES SOCIETY STAKEHOLDERS STOCK EXCHANGE STRUCTURAL PROBLEM STRUCTURAL PROBLEMS SUBSIDIARY SUBSTANTIVE LAWS TANGIBLE PROPERTY TELECOMMUNICATIONS TRADE UNIONS TRANSACTION TRANSPARENCY TRANSPORTATION LAW TREASURY TREATIES TREATY UNIONS VALUATION VIOLENCE WILL 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. 2014-05-14T20:55:54Z 2014-05-14T20:55:54Z 2011-01 http://documents.worldbank.org/curated/en/2011/01/15549821/can-ohada-increase-legal-certainty-africa http://hdl.handle.net/10986/18322 English en_US Justice and development working paper series;no. 17 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank, Washington, DC Publications & Research :: Working Paper Publications & Research Africa |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English en_US |
| topic |
ACCESS TO INFORMATION ACCESS TO JUSTICE ACCOUNTING ACTS ADJUDICATION ANTI-CORRUPTION ARBITRAGE ARBITRAL AWARD ARBITRAL AWARDS ARBITRATION ARBITRATION CLAUSE ASSETS AUDITORS AUTHENTICITY AUTHORITY BAD FAITH BAILIFFS BANKING LAW BANKRUPTCY BANKS BID BROKERAGE BUSINESS ENTERPRISE BUSINESS LAW BUSINESS LAWS CAPITAL FORMATION CASE LAW CENTRAL BANK CIVIL CODE CIVIL LAW CIVIL PROCEDURE CIVIL STATUS CODES COLLAPSE COLLECTIVE COLLECTIVE ACTION COLLECTIVES COMMERCIAL CODE COMMERCIAL ENTERPRISE COMMERCIAL ENTERPRISES COMMERCIAL LAW COMMERCIAL TRANSACTIONS COMMON LAW COMPANY COMPANY LAW COMPETITION LAW CONSTITUTIONS CONSUMER PROTECTION CONSUMER PROTECTION LAW CONTRACT ENFORCEMENT CONTRACT LAW CONTRACT PROVISIONS COPYRIGHT CORPORATE SOCIAL RESPONSIBILITY CORPORATE STRUCTURE CORPORATE STRUCTURES CORPORATION CORRUPTION COURT COURTS CREDITORS CRIMINAL CRIMINAL LAW CRIMINAL SANCTIONS CUSTODY DEBT DEBT COLLECTION DEBT COLLECTION PROCEDURES DEBTOR DEBTORS DEFICITS DEPOSITS DEVELOPING COUNTRIES DEVELOPMENT BANK DOMICILE ECONOMIC DEVELOPMENT EMPLOYMENT LAW EMPOWERMENT EQUIPMENT EUROPEAN UNION EXTERNAL ASSISTANCE FINANCIAL INSTITUTIONS FINANCIAL SUPPORT FISCAL POLICIES FOREIGN INVESTMENTS GOVERNMENT OFFICIALS INCORPORATED INDIVIDUALS INFORMATION TECHNOLOGIES INITIATIVE INSTITUTIONAL INTEREST INSTRUMENT INSURANCE INTELLECTUAL PROPERTY INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL COURT INTERNATIONAL STANDARDS INVENTORY INVESTIGATION INVESTIGATIONS INVESTMENT CLIMATE JUDGE JUDGES JUDICIAL SYSTEMS JUDICIARIES JUDICIARY JUSTICE SYSTEM JUSTICE SYSTEMS JUSTICES LAW FIRM LAW OFFICES LAWS LAWYER LAWYERS LEASE AGREEMENT LEGAL ENVIRONMENT LEGAL INSTRUMENTS LEGAL PROFESSIONS LEGAL PROVISIONS LEGAL STATUS LEGAL SYSTEM LEGAL SYSTEMS LEGAL TOOL LEGISLATION LIMITED LIMITED LIABILITY LIMITED LIABILITY COMPANIES LIQUIDATION LITIGATION MAJORITY VOTE MARKET ECONOMY MEMBER STATE MEMBER STATES MICROFINANCE MICROFINANCE INSTITUTIONS MINISTERS MODEL CODES MODEL LAW MOVABLE GOODS NATIONAL LAW NATIONAL LAWS NATIONAL LEGISLATION NOTARIES PARTNERSHIP PENALTIES PERSONS POLICE PRISON PRIVATE LAW PROPERTY RIGHTS REAL PROPERTY REGISTRATION OF SECURITIES REMEDY RESIDENCE RIGHT OF OWNERSHIP RIGHT OF OWNERSHIP. RULE OF LAW RULINGS SECURED TRANSACTIONS SEIZURE SETTLEMENT SOCIETIES SOCIETY STAKEHOLDERS STOCK EXCHANGE STRUCTURAL PROBLEM STRUCTURAL PROBLEMS SUBSIDIARY SUBSTANTIVE LAWS TANGIBLE PROPERTY TELECOMMUNICATIONS TRADE UNIONS TRANSACTION TRANSPARENCY TRANSPORTATION LAW TREASURY TREATIES TREATY UNIONS VALUATION VIOLENCE WILL |
| spellingShingle |
ACCESS TO INFORMATION ACCESS TO JUSTICE ACCOUNTING ACTS ADJUDICATION ANTI-CORRUPTION ARBITRAGE ARBITRAL AWARD ARBITRAL AWARDS ARBITRATION ARBITRATION CLAUSE ASSETS AUDITORS AUTHENTICITY AUTHORITY BAD FAITH BAILIFFS BANKING LAW BANKRUPTCY BANKS BID BROKERAGE BUSINESS ENTERPRISE BUSINESS LAW BUSINESS LAWS CAPITAL FORMATION CASE LAW CENTRAL BANK CIVIL CODE CIVIL LAW CIVIL PROCEDURE CIVIL STATUS CODES COLLAPSE COLLECTIVE COLLECTIVE ACTION COLLECTIVES COMMERCIAL CODE COMMERCIAL ENTERPRISE COMMERCIAL ENTERPRISES COMMERCIAL LAW COMMERCIAL TRANSACTIONS COMMON LAW COMPANY COMPANY LAW COMPETITION LAW CONSTITUTIONS CONSUMER PROTECTION CONSUMER PROTECTION LAW CONTRACT ENFORCEMENT CONTRACT LAW CONTRACT PROVISIONS COPYRIGHT CORPORATE SOCIAL RESPONSIBILITY CORPORATE STRUCTURE CORPORATE STRUCTURES CORPORATION CORRUPTION COURT COURTS CREDITORS CRIMINAL CRIMINAL LAW CRIMINAL SANCTIONS CUSTODY DEBT DEBT COLLECTION DEBT COLLECTION PROCEDURES DEBTOR DEBTORS DEFICITS DEPOSITS DEVELOPING COUNTRIES DEVELOPMENT BANK DOMICILE ECONOMIC DEVELOPMENT EMPLOYMENT LAW EMPOWERMENT EQUIPMENT EUROPEAN UNION EXTERNAL ASSISTANCE FINANCIAL INSTITUTIONS FINANCIAL SUPPORT FISCAL POLICIES FOREIGN INVESTMENTS GOVERNMENT OFFICIALS INCORPORATED INDIVIDUALS INFORMATION TECHNOLOGIES INITIATIVE INSTITUTIONAL INTEREST INSTRUMENT INSURANCE INTELLECTUAL PROPERTY INTERNATIONAL BANK INTERNATIONAL BUSINESS INTERNATIONAL BUSINESS TRANSACTIONS INTERNATIONAL COURT INTERNATIONAL STANDARDS INVENTORY INVESTIGATION INVESTIGATIONS INVESTMENT CLIMATE JUDGE JUDGES JUDICIAL SYSTEMS JUDICIARIES JUDICIARY JUSTICE SYSTEM JUSTICE SYSTEMS JUSTICES LAW FIRM LAW OFFICES LAWS LAWYER LAWYERS LEASE AGREEMENT LEGAL ENVIRONMENT LEGAL INSTRUMENTS LEGAL PROFESSIONS LEGAL PROVISIONS LEGAL STATUS LEGAL SYSTEM LEGAL SYSTEMS LEGAL TOOL LEGISLATION LIMITED LIMITED LIABILITY LIMITED LIABILITY COMPANIES LIQUIDATION LITIGATION MAJORITY VOTE MARKET ECONOMY MEMBER STATE MEMBER STATES MICROFINANCE MICROFINANCE INSTITUTIONS MINISTERS MODEL CODES MODEL LAW MOVABLE GOODS NATIONAL LAW NATIONAL LAWS NATIONAL LEGISLATION NOTARIES PARTNERSHIP PENALTIES PERSONS POLICE PRISON PRIVATE LAW PROPERTY RIGHTS REAL PROPERTY REGISTRATION OF SECURITIES REMEDY RESIDENCE RIGHT OF OWNERSHIP RIGHT OF OWNERSHIP. RULE OF LAW RULINGS SECURED TRANSACTIONS SEIZURE SETTLEMENT SOCIETIES SOCIETY STAKEHOLDERS STOCK EXCHANGE STRUCTURAL PROBLEM STRUCTURAL PROBLEMS SUBSIDIARY SUBSTANTIVE LAWS TANGIBLE PROPERTY TELECOMMUNICATIONS TRADE UNIONS TRANSACTION TRANSPARENCY TRANSPORTATION LAW TREASURY TREATIES TREATY UNIONS VALUATION VIOLENCE WILL Beauchard, Renaud Kodo, Mahutodji Jimmy Vital Can OHADA Increase Legal Certainty in Africa? |
| geographic_facet |
Africa |
| relation |
Justice and development working paper series;no. 17 |
| description |
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. |
| format |
Publications & Research :: Working Paper |
| author |
Beauchard, Renaud Kodo, Mahutodji Jimmy Vital |
| author_facet |
Beauchard, Renaud Kodo, Mahutodji Jimmy Vital |
| author_sort |
Beauchard, Renaud |
| title |
Can OHADA Increase Legal Certainty in Africa? |
| title_short |
Can OHADA Increase Legal Certainty in Africa? |
| title_full |
Can OHADA Increase Legal Certainty in Africa? |
| title_fullStr |
Can OHADA Increase Legal Certainty in Africa? |
| title_full_unstemmed |
Can OHADA Increase Legal Certainty in Africa? |
| title_sort |
can ohada increase legal certainty in africa? |
| publisher |
World Bank, Washington, DC |
| publishDate |
2014 |
| url |
http://documents.worldbank.org/curated/en/2011/01/15549821/can-ohada-increase-legal-certainty-africa http://hdl.handle.net/10986/18322 |
| _version_ |
1764435829893103616 |