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Karfo, Sûrsikya Thomas Steve. "Paiement des créanciers, sauvetage de l'entreprise : étude comparative des législations OHADA et française de sauvegarde judiciaire des entreprises en difficulté". Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10050/document.
Pełny tekst źródłaThe dynamic of insolvency law resides in the contradiction of its foundations: individual freedom and the general interest.These subjective and objective foundations explain the dichotomy nature of positive purposes of insolvency law: payment of creditors, rescue of the failing firm. Contemporary laws are organized around these two objectives by erecting legal systems which are either contractual or institutional. This is the case of OHADA law and French law which are the subject of our study. The main idea is to say that if the antinomy of the foundations leads to a dual legal system of bankruptcy, it does not prevent a convergence of legislation. Overall, the observation reveals that the dichotomy of the objectives of bankruptcy laws tend to fade during the preparatory phase of the rescue, specifically in the effects of the opening of the rescue procedure on the creditors’ rights. We can observe in this field, a quasi-similarity of OHADA and French laws. Although rescue purposes are different, the legal techniques adopted towards the creditors are mutatis mutandis the same: identity which bears witness to their universality, consequently their efficiency. By contrast, the irreducibility of subjective and objective conceptions re-appears at the stage of solution of bankruptcy. This reveals the genuine concerns of the legislator when it establishes court-supervised recovery proceedings. It leads to the implementation of mechanisms which either organize the collective expression of the creditors by democratic way (majority rule), or inhibit the participation of these, in favor of the judicial authority. Saving the company is a question of collective interest of creditors or a matter of general interest. This divergence in the solution of rescuing in OHADA’s and French laws is the witness of the dialectical antinomy of the foundations of bankruptcy laws
Ligan, Mahoutin. "La déclaration de créances et le nouveau droit des entreprises en difficulté : Approche comparative Droit français/Droit OHADA". Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0136.
Pełny tekst źródłaThe declaration of claim is a compulsory procedure reserved for all creditors of a debtor who is the subject of collective proceedings. It has a mainly financial purpose and its objective is to ascertain the debtor's liabilities, and therefore to measure his indebtedness on the day of the opening judgment. This is justified by the fact that the new law on companies in difficulty, unlike the old bankruptcy, introduces a submission to the rigorous rules of collective discipline for all the creditors of the failing company. It goes without saying that the declaration of claims is of considerable benefit to the debtor in that it allows the court to assess (after the verification and admission of claims) the possible solutions for rescuing the failing company through the weight of its liabilities. Similarly, it makes it possible to maintain a certain equality between the company's creditors, who will ensure that their rights are recognised in order to safeguard their chance of participating in the collective procedure of their debtor. Its legal basis is specified by Articles L. 622-24 et seq. of the French Commercial Code and 78 et seq. of the Uniform Act Organising Collective Proceedings (AUPC).Thus, from the publication of the opening judgment, all creditors whose claims arose prior to the opening judgment and subsequent creditors excluded from the preferential treatment of Article L. 662-17 of the French Commercial Code, with the exception of employees, shall send a declaration of their claims to the judicial representative within two (2) months. Where the creditor has been relieved of foreclosure in accordance with Article L. 622-26 of the French Commercial Code, the time limits only run from the notification of this decision; they are then reduced by half. The time limit for filing a claim runs from the notification of this warning. Traditionally, a claim declaration was treated as a legal claim. Thus, until the Ordinance of 12 March 2014, a special written mandate was required for the validity of a declaration made by a person other than the debtor. Similarly, the agent then had to be able to provide proof of the mandate received until the day the judge ruled. In the new law on companies in difficulty, the declaration of claim is perceived as a simple conservatory act, insofar as it is, in certain respects, more akin to a formal notice or an administrative formality. We owe this reconsideration of the nature of the declaration of claim to the French order of 12 March 2014.This is to be welcomed insofar as this development contributes to improving the preservation of creditors' rights. Despite the close relationship between French and OHADA legislation, it must be noted that the OHADA legislator has not taken advantage of its recent reform of 10 September 2015 to simplify the procedure for declaring claims as was done in 2014 in France. While such a failure can be justified by the youth of the legislation in force in the OHADA zone, it is appropriate for the OHADA legislator to consider a change in this area. In our opinion, this could encourage the debtor to provide the bodies of the procedure with a complete list of his creditors and thus enable the latter to benefit from the same chances of being paid
Sidibe, Ali. "Recherche sur l'équilibre dans l'exécution du contrat de transport de marchandises par route : étude comparée droits OHADA et français : essai de contribution à la législation communautaire OHADA". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D057.
Pełny tekst źródłaThe search for balance in the contract for the carriage of goods by road, envisaged in terms of execution and non-performance of the essential service of the carrier, the movement of the goods, has allowed thanks to a mixture of both interpretative and analytic, to compare the different rules governing the matter in the OHADA space in France and internationally, in fine to highlight the differences between our different sources, and to highlight the vitality of road transport and its role of catalyst in the development of the countries of the OHADA space and the cohesion of the populations. Indeed, while the AUCTMR was largely inspired by the European CMR, the fact remains that it corrects its weaknesses. There are differences in particular : the time of action, the calculation of compensation, the nature of the fault of the valet, the direct action of the valet. The originality of OHADA law lies mainly in its management of conflicts of laws and jurisdictions, since uniform acts are directly applicable in the Member States. In this quest for balance, issues of delivery in a conventional of reasonable time in a context of securities (road and violence) may arise. In fine, the material and financial benefits that characterize the contract of carriage being balanced, it follows that the complete equality of contractual relations remains utopian. Nevertheless, the OHADA law, propelled by French law and especially the European CMR, seeking to establish the balance between the reciprocal obligations of the parties, decides to rebalance the contract thanks to the devices of revision, reduction, or simply to withdraw. This power belongs according to the case, to the judge, to the law or to the parties. The parties may also be released by the force majeure mechanism, or in the event of bankruptcy. The carrier to relieve the burden of the presumption of liability that weighs on him, has the mechanisms of exemptions « general case » and privileged and limitations of liability. These strange mechanisms specific to the right of transport will not triumph in case of fraud attributable to the carrier. The deadlines are given to the rights holders to appear in case of damage loss (3) or delay (60 days) of the goods. Any action on the contract of carriage is prescribed in one year except fraud of the carrier, which brings the time to 2, 3, 5 years according to the system
Soweng, Dieudonné. "La protection du débiteur en droit des contrats de l'OHADA". Nantes, 2014. http://www.theses.fr/2014NANT4008.
Pełny tekst źródłaAs paradoxical as it may seem to be, the protection of a contractual debtor has proven to be a necessity under the OHADA law of contracts like in some other contractual systems. It is imposed for the sake of re-establishing equilibrium or contractual justice, which may be disrupted due to inequality of parties and which is susceptible to affect the main purpose of contract. It is also imposed in order that, legal security, one of the main objectives for the institution of OHADA, should be preserved and consolidated. The antagonism of interests in a contract - the interests of the creditor faced with that of the debtor, individual interests against general interests - should in no way justify the overprotection of one party to the detriment of the other. The classic rules of the general principles of contract appeared to be more generous in favour of the creditor. It became necessary to harmonise contractual relations through elaboration of rules which, though undermining the fundamental principles consecrated such as the obligatory nature of contract, are such as to give a humanist outlook to contract. This helps to ensure that a debtor as a human being is not sacrificed as was the case under the old law, on the altar of efficacy of law, in favour of the legal security of the creditor. Nevertheless, it is not the question of militating in favour of establishing “a right for the debtor not to pay his debts”, which would be a resolution of contractual injustice favourable to the debtor by creating another detriment to the creditor. It is rather suitable to take measures to ensure that what is demanded from him is what is humanly and reasonably required; and even in case of default in his contractual obligations, that the sanction should not be such as to entail his annihilation and consequently his eviction from the domain of contractual business. This is in need to promote rules sufficiently conciliatory of divergent contractual interests, in order to give to the institution of contract its raison d’être, the vector for the growth of economic activity. The OHADA law of contracts cannot avoid this requirement without failing in its original mission, which is that of being a catalyser of economic development of member states of this booming legal sphere
Konate, Koungo. "Le bail à usage professionnel à l'épreuve des procédures collectives dans le droit de l'OHADA". Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10045.
Pełny tekst źródłaThe lease for professional use boasts a prominent place in the judicial treatment of the company's difficulties. However the seat of an independent legal system of the lease for professional use as part of collective procedures still faces in the OHADA law to significant gaps. Preserved and adapted according derogatory mechanisms, lease for professional use proof collective procedures shows a duality of legal rules to govern the fate of that concurrent contractual link. In this context, the prerogatives of the actors of the lease contract to professional use are subject, despite the avowed intention of the legislature OHADA to remarkable deficiencies. The lack of legal regulation of collective procedure lessor despite the consideration involved coexists with regulatory lessee still below international standards
Koné, Mamadou. "Le nouveau droit commercial des pays de l'OHADA : une comparaison avec le droit français". Bordeaux 4, 2002. http://www.theses.fr/2002BOR40018.
Pełny tekst źródłaSome, Barterlé Mathieu. "Le contrôle du juge étatique dans l'arbitrage en droit OHADA". Electronic Thesis or Diss., Perpignan, 2023. http://www.theses.fr/2023PERP0033.
Pełny tekst źródłaArbitration is the judgment of a dispute by individuals, chosen in principle, by other individuals by the means of an agreement. It is a voluntary justice by which the parties agree to remove their dispute from the knowledge of state justice. However, the non-permanence of arbitral tribunal and the fact that the arbitrator has no imperium means that he sometimes needs the assistance and collaboration of the state judge to carry out his jurisdictional mission. Also, the control of the state judge is necessary for the effectiveness of the arbitral award rendered. This interference of the public judge is the milestone of our reflection, which focused on “ the control of the state judge in OHADA arbitration
Dobassy, Lamine. "Les garanties de paiement des créanciers dans les procédures collectives OHADA : étude à la lumière du droit français". Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10044.
Pełny tekst źródłaZio, Moussa. "Le cautionnement à l'épreuve du droit de la consommation, perspective d'évolution du cautionnement en droit OHADA". Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10044.
Pełny tekst źródłaAhoua, Désiré. "Le nouveau droit de la restructuration des sociétés commerciales des pays de l'OHADA, comparaisons avec le droit français". Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0005/document.
Pełny tekst źródłaIn a context of globalization, the african companies have to adapt themselves permanently to economic legal or social contingencies. Conscious of that reality, african legislator set up within the OHADA reform legal measures to allow theme acclimatize to the tendencies and markets pression : the restructuring law which design all the technicals proceedings conceived by the legislator to reorganize the company. Those technicals was inspirated by French law restructuring which has been reorganized. The confrontation of both systems allows to notice that if in the fundamental principles they are the same objectives consisting in substainability of companies for their growth or their survival there are however pratical and technical differences materialized by the recents french reforms
Toure, Lalla Aicha Oumoul Makhtoum. "L'entrepreneuriat en droit OHADA : analyse comparative à la lumière du système français". Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0044.
Pełny tekst źródłaThis thesis addresses the problem of the abundance of activities in the informal economy in Africa that escape the control and regulation of the state. The objective is to participate through a legal debate of a continental dimension, to the analysis of the role of the entrepreneur in economic development. In the context of changing business law, it is particularly important to focus on the role of the entrepreneur as an economic actor. We propose a comparative approach in the light of French law to encourage business creation in the states of West Africa. With this in mind the OHADA legislator intervenes with a view to putting in place a simplified regulation allowing individuals to get into the business world, without subjecting themselves to severe constraints of legality. The integration of Entrepreneurship by the bill of revision of the Uniform Act on Company Law and Economic Interest Grouping of January 31, 2014, the Uniform Act on General Commercial Law of December 15, 2010, the Uniform Act relative to the law of cooperative companies of December 15, 2010, constitutes a fundamental lever.New regulations are now issued to professionals who were not governed by commercial law. This major innovation reflects this desire to involve all citizens in economic development. The purpose of the present study is to analyze the advantages and the disadvantages of this ease of management offered by OHADA law entrepreneurship through an overview of the uniform acts concerning the creation of a company. Finally, we discuss the relevance of this approach by comparing it with the very advanced French model of entrepreneurship. Through the importance given to micro credit, the diversification of financing methods, the formal sector, but also and above all to the change of status. The entrepreneur in OHADA law has enormous similarities with the status of auto-entrepreneur resulting from an innovation of French legislation by the law of modernization of August 4, 2008. Moreover, transitions can be envisaged, through the creation of commercial company.France offers a wide range of transitional modes ranging from the self-employed entrepreneur, the sole proprietorship, the one-man limited liability company to the creation of commercial company. It will also be necessary to emphasize the superficial nature of certain aspects of the entrepreneur's legal status. The scope of the rules governing this status is often limited because the legislator leaves it to the Member States to decide on certain points. This is undoubtedly what is at the origin of this lack of reconciliation of national logic with community dynamism. The concept of enterprising then raises many uncertainties, a synthesis of solutions could favor the maintenance of this status. The formalization of the informal economy is today a complex phenomenon, but essential to deal with the weak growth of African economies. Self-entrepreneurship is generally considered in France as a source of income supplement, while in Africa it is an important part of the subsistence economy
Magne, Fosso Viviane Yolande. "L’intervention du juge dans le fonctionnement de la société commerciale en droit de l’OHADA". Thesis, Université Côte d'Azur, 2020. http://theses.univ-cotedazur.fr/2020COAZ0019.
Pełny tekst źródłaThe commercial company is the framework par excellence for investment. To make this framework an area likely to meet the economic and social needs of OHADA member states, the legislator has introduced a profound reform. With this in mind, it has made the judge the body responsible for ensuring the effective and efficient application of the Uniform Acts and for ensuring the stability of the corporate environment, a mission which enables it to intervene at all stages of the life of a company. However, the confrontation between the powers of the various social actors, the disparity between the procedural rules of the various OHADA Member States and the lack of professionalism of the judge raises questions about the effectiveness of this intervention in the life of society. Judicial decisions and the partnership contract are in fact two a priori irreconcilable modes of managing social relations. According to the theory of the contractual nature of the company, the judge cannot influence the management of private property. However, the proponents of the institutional nature of the company have succeeded in making adjustments to this principle. Thus, the protection of the corporate interest and the imperatives of the proper functioning of the legal person may justify the development of judicial powers within the commercial company. Yet, as a defender of the social interest, judicial intervention remains very limited. While the new powers of the judge allow him to be omnipresent within the commercial company, they are not sufficient to create a stable and favourable framework for investment. Much remains to be done, both in terms of legislation and in terms of the organisation of national courts and the professional training of judges. This study aims to identify possible limits to judicial intervention in commercial companies and to propose appropriate solutions where necessary. The study comes to a twofold conclusion. On the one hand, the intervention of the judge is unsatisfactory in the protection of the societal environment. The judge does not have regulatory mechanisms adapted to the social context. For example, he can only infringe social rights and powers in cases where the law stipulates that they must be restricted, despite the existence of just grounds for action. Moreover, in the context of recourse to the review of the legality of social acts, he must be limited to a subjective review which leads it to seek the intention of the perpetrator of the irregular or abusive act and thus does not enable him to ensure the protection of the social interest. On the other hand, the judge’s intervention is unsatisfactory in sanctioning the civil obligations of social actors. Indeed, the power to impose judicial sanctions poses problems whenever the Uniform Act is silent or gives no terminological indication from which the judge can retain his power. Moreover, the judge has a very limited power of constraint which does not always enable him to ensure compliance with legal obligations or the contractual commitments of social actors
Bitsamana, Hilarion Alain. "L'ineffectivité du droit du travail à l'orée de la réforme OHADA". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0016/document.
Pełny tekst źródłaThis thesis is a compendium of various of rights which are currently victims of African workers by their employers despite various legislations in the work that exist in all states parties ; to the point where they appear to live another operation after slavery and colonialism. They live poverty on a daily basis. These evils are recognized both in the individual employment relationship as in public reports. This is how some employees are recruited following tests of complacency, if not corruptly there, without a working document ; others work for years to collect wages, without bonus, without leave, in terrible working conditions. As for collective reporting irregularities, to better trick these workers are excluded from the management company born with the right of expression or of the right to participate in the performance of the company still less than exemplary collective representation by the staff representatives and trade unionists. In case of dispute they have virtually no state protection by labor inspectors and judges. So out of this acute crisis in the sector private work that wreaks havoc for many years after independance, well there is a view through the OHADA reform, national and international authorities to ensure the correct application of the right to work by taking the measures that are necessary. Otherwise the reform of the labour law envisaged by the OHADA of the Right Business is also doomed to failure
Alhamdan, Ali. "L'impact des normes de l'O. I. T. Sur la législation des pays en développement : L'exemple de la Syrie". Montpellier 1, 2009. http://www.theses.fr/2009MON10003.
Pełny tekst źródłaILO Conventions and Recommendations cover a broad range of subjects concerning work, employment, social security, social policy and related human rights. The ILO's supervisory bodies - the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards - regularly examine the application of International Labour Standards in ILO member States. Representation and complaint procedures can also be initiated against states that fail to comply with conventions they have ratified. A special procedure - the Committee on Freedom of Association - reviews complaints concerning violations of freedom of association, whether or not a member State has ratified the relevant conventions. Syria is a member of the International Labour Organization since 1947 and it has ratified 49 International Conventions within the framework of the ILO. This study is interested in the following questions: does Syria always respect its international engagements towards the International Labour Organization, which is the impact of the international labour standards on the Syrian legislation and does my country have the possibility of ratifying other conventions?
Géraci, Buiche Giuseppina. "Vers une réglementation des médicaments pédiatriques en Europe et en France au regard de la législation américaine". Lille 2, 2003. http://www.theses.fr/2003LIL20027.
Pełny tekst źródłaMost medical products prescribed to children have not been submitted to accurate appraisal so far. There is no mention of special information in package inserts or in the identification of drugs as far as children are concerned. Therefore, a doctor has neither adapted guidelines nor pharmaceutical forms of products to be able to prescribe medicines to children. Because of this lack of information, doctors are faced with the responsibility of prescribing a child drugs rather reserved to an adult according to the known characteristics. Any child needs medical treatment. The shortage of pediatric pharmaceutical forms is a European issue that has to be overcome as quickly as possible. A new regulation in favour of pediatric medicines has to be adopted by the European Community, following the example of the US legislation, which has combined obligation and incitement since 1997. A private bill favouring the development of pediatric medical products is under way
Durrant, Emmanuelle. "La législation sur les équipements électriques et électroniques : un scénario d'optimisation de la gestion des déchets en Europe ?" Nantes, 2007. http://www.theses.fr/2007NANT4020.
Pełny tekst źródłaThe management of household wastes by local authorities is no longer the only option. Producers can stand in for local authorities as provided for by the principle of extended producer responsibility. In the case of waste electrical and electronic equipment, the Community legislation carnes - even though the responsibility can be shared - a responsibility to the producers of electrical and electronic equipment for the products they put on the market. Producers are responsible for managing used equipment and the legislation urges them to create electrical and electronic equipment that take into account their end of life and, in a broader sense, their life-cycle. Waste managing gets more complex as the waste becomes a source of resources that contributes to its rehabilitation. Although the Community legislation about electrical and electronic equipment may appear favourable in regards to an optimised waste management, a generalisation of its method for all the wastes cannot be realistically achieved. We must take into account that the principle of extended producer responsibility on which the system of electrical and electronic equipment waste management is based is merely an economical instrument available for the public authorities
Morariu, Cristina. "Adaptation de la législation roumaine à l'acquis communautaire : aspects relatifs à l'acquis des relations extérieures". Bordeaux 4, 2007. http://www.theses.fr/2007BOR40026.
Pełny tekst źródłaThe adoption of the acquis by the candidate countries was intented to impede the possible disturbing consequences of the new member states accession on the functioning of the Union during the successive waves of enlargment. This preoccupation is nowadays even more categorical within the fifth wave of enlargment, concerning states that had a history and level of development which could threaten several decades of EU integration policy. The analysis on the aspects concerning the technique of the adaptation process of romanian legislation to the acquis communautaire raises the main difficulties of organisation and functioning as well as the modalities to gradually surmount them. The strategy used by Romania is subject to criticism as to its efficiency and legitimacy as well as to uncertainty on the medium term results
Kourouma, Moussa Fanta. "Le procédé de passerelle entre la conciliation et la sauvegarde - Approche comparative droit français/droit OHADA". Electronic Thesis or Diss., Toulon, 2018. http://www.theses.fr/2018TOUL0124.
Pełny tekst źródłaThis thesis focuses on the bridging process between conciliation and safeguarding, in a comparative French law approach, OHADA law. The gateway method allows the entrepreneur to develop a recovery plan in the context of conciliation, before adopting it during an accelerated backup. This thesis is divided into two parts. In the first part, a diagnosis is made to understand the reasons of the adoption of this mechanism of treatment of the difficulties of the companies in French law, and those which could or could not justify its recognition in OHADA law. It appears from this section that, in the French and OHADA laws, the rigidity of the system of cessation of payments and the compulsory unanimity of the conciliation agreement constitute a handicap to the recovery of the undertakings, since the principle of unanimity a veto right to each creditor. The gateway process makes it possible to override the opposition of the minority creditors who use this right of veto to get the project of recovery of the head of enterprise adopted by majority vote on the legal ground. In the second part, a prospective study is conducted; The pre-negotiated plan process plays both a preventive and curative role : it allows, on the one hand, the free negotiation, between a debtor and its creditors, of a conventional restructuring plan and, on the other hand, the anticipation of court intervention to optimize assets and control liabilities. The gateway method is adopted in French law; this thesis proposes a study of its legal regime. He is not recognized for the moment in OHADA law ; its applicability is analyzed. For the improvement of the prevention and the treatment of the difficulties of the companies in the French rights and OHADA, tracks are proposed. This is notably the case, on the one hand, of the adoption of the creditor committees in the French conciliation procedure and, on the other, of the recognition of the pre-negotiated plan mechanism, of the reform of the cessation of payments and specialization of courts dealing with disputes governed by the AUPC under OHADA law. This study, in addition to making a scientific contribution to the study of new accelerated safeguard procedures in French law, aims to launch the debate on the appropriateness of the adoption of the OHADA gateway process. The organization of the pre-arranged assignment under the ad hoc mandate in French law and the advisability of adopting such an assignment in OHADA law are issues that could be the subject of research
Diaby, Mariama maty. "La Relation du droit de l’OHADA au droit civil". Thesis, Paris 13, 2019. http://www.theses.fr/2019PA131043.
Pełny tekst źródłaOHADA was set up to achieve economic integration through legal integration. The right of the OHADA, the bearer of the work of legal integration, was destined to become the reference normative framework. Its binding force should enable it to impose itself on the law of the Member States. If the question of the future of commercial law or national business law did not raise any particular difficulty, it was different for civil law. This study examines the relationship between OHADA law and civil law, understood as national civil law. A relationship that highlights, an influence: that of the law of OHADA on the national civil law.Thus, in the first part, the study shows that the influence of OHADA law on national civil law is consecrated. It is based on the institutional framework that bears the right of the OHADA, before being devoted substantially.In the second part, the study relativizes the influence of OHADA law on the national civil law, in that it is limited. Are involved, the omnipresence of the civil law in the construction of the right of the OHADA and the limited autonomy of the right of the OHADA
Henry, Laurence-Caroline. "La concurrence et la politique communautaire du transport aérien". Nice, 1991. http://www.theses.fr/1991NICE0007.
Pełny tekst źródłaHouenou, Emmanuel Sèmassa. "La contractualisation du droit des sociétés : l'ordre public à l'épreuve de la liberté contractuelle dans les sociétés commerciales de l'OHADA". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D022.
Pełny tekst źródłaSince the Uniform Act on General Commercial Law came into force in 1997, the public policy nature of the rules enacted has been questioned by practitioners and doctrine. All the provisions of this uniform act were declared mandatory by the legislator who made the difficult choice of diverting the contemporary trend. Indeed, one of the most significant developments in company law since the end of the 20th century is the move towards a flexible law in which the will of the shareholder is prominent. A reform of the Uniform Act on General Commercial Law then became necessary in order to allow the use of contractual mechanisms and adapt OHADA company law to the needs of shareholders.Yet since the law reform in January 2014, scholars are not unanimous on the extent which the OHADA legislator has stretched contract in company law. Thus, while some see the reform as a triumph of contractual freedom, others see it as a mere boost in party autonomy uphelding the same rigid law exclusively made of non deregatory rules. As such, it was appropriate to assess the scope of contractualism in OHADA company law as well as the effectiveness of the related contractual mechanisms. Focusing on a substantial analysis of existing laws, this contribution shows a real decline of public policy in company law and a deep flexibility in the legal regime of companies hitherto for their rigid institutional character
Kouchanou, Balbine Léa Modukpé. "Les rapports entre la justice étatique et la justice arbitrale : Etude comparative France-OHADA". Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0011.
Pełny tekst źródłaArbitration has been used to resolving cases appreciated by international trade actors. However, well-functioning depends upon state justice. Both devices should have maintain a fusional and competitive relationship. The unfolding of this relationship can reciprocally bring complications and mistrust. State judge is referee’s collaborator despite the spacing of reports in France and several other states in sub-Saharan Africa. These states recognize the explicit and implicit power of state justice during arbitration. This study approaches courts assigned to the arbitrator and judge during their challenge. In order to accentuate and sustain the smooth running of arbitration in France and Francophone Africa, this research has been focused on the issue of economic development. After listing realities hindering the flowering of arbitration in this part of Africa, some solutions have been proposed to preserve this method of dispute resolution of dysfunction
Goosens, Aline. "Les inquisitions modernes dans les Pays-Bas méridionaux, 1520-1633: législation, compétence, répression". Doctoral thesis, Universite Libre de Bruxelles, 1995. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212502.
Pełny tekst źródłaSaba, Amevi de. "La protection du créancier dans le droit uniforme de recouvrement des créances de l'OHADA". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D036/document.
Pełny tekst źródłaA creditor who initiates the simplified debt collection procedure established by the OHADA States is exposed to procedural complications that hold on to the risk of ineligibility to the procedure, the risk of prescription of the claim, the risk of abusive dispute, the risk of nullity of injunctive title, the risk of non-execution of the enforceable title, especially in cross-border cases and in litigation affecting legal entities of public law. These risks make the procedure complex, lengthy and costly for corporations and financial institutions. The procedure thus depicted is also inapplicable to craftsmen, traders and micro business that often carry small debts, the consolidation of which, on the scale of the seventeen States of OHADA, can reach billions. These difficulties lead to question oneself how the other States and regional organizations solved the problems now facing the OHADA States. The study explores, for this purpose, the law of some European Parliament and Council’s regulations on the fight against defaults also constitutes a field of investigation because these instruments address the problems that escaped OHADA’s legislator, particularly those relating to the need for diversion, simplifications of procedure and to the free movement of enforceable titles within OHADA. This prospective analysis, coupled with lessons learned from practice, allows to highlight the “Best Practices” and the reforms needed to make of the simplified recovery procedure an effective instrument to fight against delays and defaults to pay in the States OHADA
Akakpo, Martial. "La protection de la partie faible dans l'arbitrage OHADA". Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0006.
Pełny tekst źródłaIn order to modernize arbitration law, the OHADA lawmaker adopted particularly liberal rules. This approach complies with the protection of investors, has been generalized to all forms of arbitration proceedings. It follows that the rules designed to protect a party in a weakness position vis-à-vis his opponent has been little considered. Whether the arbitration agreement or of the arbitral proceedings, the fate of the weak is not the subject of special attention. Accordingly, despite many advances as to the regime of the arbitration agreement or conduct of the trial, the OHADA law should be amended in order to mitigate its liberalism whenever the protection of the weak party is legitimate. This approach will only make sense if the OHADA lawmaker adapts the arbitration law to its sociological and economic environment
Diakite, Moussa. "L’arbitrage institutionnel Ohada, instrument émergent de sécurisation juridique et judiciaire des activités économiques". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10064/document.
Pełny tekst źródłaFaced with the slowdown in investment in Africa, it proved essential to rebuild a modern legal assembly adapted to the requirement of protection of economic activities. The Presidents of countries, mainly in the franc zone have thus signed October 17, 1993 the Treaty on the Harmonization of Business Law in Africa to ensure the legal and judicial security. Law arising from the treaty gave rise to various Uniform Acts including the Uniform Act on arbitration. The aim of our study was to analyze, mainly from the text and practice, the extent to which economic operators have, through arbitration, better guarantee of supervision of their activities. If arbitration appears as a relevant instrument in terms of investment protection is that it combines two fundamental requirements: freedom and security. Indeed, the freedom of parties and arbitrators is the basis of the arbitration procedure, guaranteeing economic operators the assurance of justice more suited to international requirements. The arbitration shall also provide legal certainty in conflict resolution to safeguard the interests of the parties while ensuring the effectiveness of the arbitration award
Konaté, Ziémongo Francis. "Les conflits de lois et de juridictions dans le droit OHADA". Nantes, 2016. http://www.theses.fr/2016NANT4005.
Pełny tekst źródłaThe standardization project initiated in Africa by OHADA led to the adoption of various uniform acts. The rules already adopted or those planned to be adopted are pragmatic rules aiming to substitute the internal business law of each individual country. These rules also are aimed to be applicable to OHADA member countries and tier non-OHADA states. These judiciary relationships raise the issues of international private law notably conflicts of laws and jurisdictions. Until now these issues have not been included in standardization processes despite the fact that they are and will be raised in the above mentioned relationships. OHADA law is not directly imposable to these relationships in principle, the rules of conflicts of laws and jurisdictions are imposable as cornerstone to the implementation of OHADA law. The purpose of this study is to demonstrate the importance and usefulness of these rules in order to urge OHADA to include these rules in the current standardization process
Lefevre, Silvère. "Les actes communautaires atypiques". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32003.
Pełny tekst źródłaThe atypical acts adopted by the EC institutions consist of all the legal instruments that differ from the ones listed in article 249 of the EC Treaty. At first sight many uncertainties appear in relation to this category. First, it is not always apparent what legal instruments are actually included. Second, only a negative definition seems possible. Third, the rules governing their adoption and application are hard to ascertain. This study tries to clarify this situation by providing a more positive definition based on the functions that such instruments fulfill. This approach leads to a classification depending on whether they participate in the internal organization of the Community, or constitute “administrative guidelines” aimed at facilitating the implementation of community law. This in turn allows for a better understanding of the rules governing their adoption and application, but also identifies a certain number of weaknesses in the present system
Diallo, Thierno Abdoulaye. "Les propriétés-sûretés en droit de l’OHADA : comparaison avec le droit français". Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD060.
Pełny tekst źródłaProperty-security (title for security purposes) was enshrined in the OHADA law during the reform of the Uniform Act on the organization of security rights on December 15, 2010. This thesis then aims at pointing out the similarities and the differences between the OHADA’s property-security law and the French law. It also challenges the accuracy of recognizing to the owner of the title for security purposes a right in rem in connection with the property concerned, as property-security cannot, as to the law, be assimilated to an ordinary property. By contrast, this study shows that property-security has to be seen as other traditional real guarantees. Therefore, both the OHADA and the French legislators are called to shape the legal regime of the property-security in accordance with that of the traditional real guarantees
Sergheraert, Eric. "Conditions de fond de la brevetabilité et étendue de la protection des inventions portant sur les séquences géniques : la vision européenne". Lille 2, 2005. http://www.theses.fr/2005LIL20017.
Pełny tekst źródłaThe work in this thesis deals with the European legislation on the patentability of gene sequences. Directive 98/44/EC of the European Parliament and the Council states that inventions patentability criteria are fulfilled. The following patentability criteria are applied by the European Patent Office to inventions undergoing exemination : inventiveness, novelty, inventive step (non-obviousness), industrial application, sufficiency of disclosure as well as morality and public order. Among these criteria, the inventive step plays a major filtering role in the assessment process. Application of this strict criterion can lead to unpatentability of some elements of human body. In the past, patentability of gene could stem from the isolation techniques used in the process. But nowadays, in many cases, the inventive step would most probably depend on the scientific and technical information connected to the isolated gene or the difficulties and complications met with the isolation of the gene
Mascret, Caroline. "Le médicament d'automédication, objet de droit communautaire". Lille 2, 2003. http://www.theses.fr/2003LIL2P001.
Pełny tekst źródłaOuoba, Lambouado Raymond. "La variabilité du capital social en droit OHADA à la lumière du droit français". Electronic Thesis or Diss., Perpignan, 2024. https://theses-public.univ-perp.fr/2024PERP0006.pdf.
Pełny tekst źródłaThe OHADA legislator was inspired by French law to establish the legal framework for the variability of share capital; hence the study oriented towards a comparative approach. This approach allowed a confrontation between two (02) legal systems, with a view to identifying legal problems and considering an improvement of the legal framework of capital variability in OHADA law; the objective being to make a contribution to the improvement of OHADA law through comparative law. The analysis reveals that the variability of social capital includes attractive factors for economic actors. Indeed, it constitutes a mechanism for financing companies, due on the one hand, to its capacity to strengthen equity without financial burden and, on the other hand, to its capacity to constitute a shareholder base specifically oriented towards the profitability of the companies. companies. Likewise, it could arouse interest for investors interested in speed and efficiency in corporate financing operations. The effectiveness of the company's financing through the implementation of the capital variability clause depends, among other things, on its attractiveness to economic players in general, investments and legal professionals in particular. However, several factors would not militate in favor of using capital variability. Among these factors are the risks arising from the reduction of capital and the ignorance of economic actors and practitioners of the law of existence and/or the functioning of the mechanism of capital variability. However, these risks are not irremediable, to the extent that there are appropriate legal mechanisms to deal with them. In short, the analysis of the functioning of the mechanism of variability of social capital highlighted its capacities for mobilizing financing, recapitalizing the company, restructuring the company and making a contribution to improving the framework. legality of companies with variable capital. It also made it possible to demonstrate the insufficiency of the justification or basis for the disinterest of economic actors and legal practitioners with regard to the variability of social capital
Kourouma, Moussa Fanta. "Le procédé de passerelle entre la conciliation et la sauvegarde - Approche comparative droit français/droit OHADA". Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0124/document.
Pełny tekst źródłaThis thesis focuses on the bridging process between conciliation and safeguarding, in a comparative French law approach, OHADA law. The gateway method allows the entrepreneur to develop a recovery plan in the context of conciliation, before adopting it during an accelerated backup. This thesis is divided into two parts. In the first part, a diagnosis is made to understand the reasons of the adoption of this mechanism of treatment of the difficulties of the companies in French law, and those which could or could not justify its recognition in OHADA law. It appears from this section that, in the French and OHADA laws, the rigidity of the system of cessation of payments and the compulsory unanimity of the conciliation agreement constitute a handicap to the recovery of the undertakings, since the principle of unanimity a veto right to each creditor. The gateway process makes it possible to override the opposition of the minority creditors who use this right of veto to get the project of recovery of the head of enterprise adopted by majority vote on the legal ground. In the second part, a prospective study is conducted; The pre-negotiated plan process plays both a preventive and curative role : it allows, on the one hand, the free negotiation, between a debtor and its creditors, of a conventional restructuring plan and, on the other hand, the anticipation of court intervention to optimize assets and control liabilities. The gateway method is adopted in French law; this thesis proposes a study of its legal regime. He is not recognized for the moment in OHADA law ; its applicability is analyzed. For the improvement of the prevention and the treatment of the difficulties of the companies in the French rights and OHADA, tracks are proposed. This is notably the case, on the one hand, of the adoption of the creditor committees in the French conciliation procedure and, on the other, of the recognition of the pre-negotiated plan mechanism, of the reform of the cessation of payments and specialization of courts dealing with disputes governed by the AUPC under OHADA law. This study, in addition to making a scientific contribution to the study of new accelerated safeguard procedures in French law, aims to launch the debate on the appropriateness of the adoption of the OHADA gateway process. The organization of the pre-arranged assignment under the ad hoc mandate in French law and the advisability of adopting such an assignment in OHADA law are issues that could be the subject of research
Allam, Yassine. "Le capital-investissement en droit OHADA". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1090.
Pełny tekst źródłaIn the last decade, the OHADA countries have seen a significant increase in private equity transactions. The OHADA region’s economic outlook, relative political stability and projected population growth make the region of prime interest to investment funds due to tremendous growth and investment opportunities. This new dynamic makes it important to consider OHADA law’s ability to meet the legal requirements of private equity funds in structuring and conducting their operations.This thesis (i) analyses the main legal issues for private equity under OHADA law and (ii) compares the handling of such issues under OHADA law with their handling under French law. As such, this thesis addresses the legal instruments for taking ownership interests, management rules for target companies (including shareholder agreements), and exit strategies. The objective of such analysis is to identify the strengths and weaknesses of the current OHADA law regime from a private equity perspective
Cemalovic, Uros. "Le mouvement d'unification du droit des marques dans l'union Européenne". Strasbourg, 2010. https://publication-theses.unistra.fr/public/theses_doctorat/2010/CEMALOVIC_Uros_2010.pdf.
Pełny tekst źródłaThe need to create and develop legal mechanisms to ensure international protection of trademarks becomes imperative in the context of the principle of territoriality of intellectual property rights. The administrative procedure for trademark registration by national authorities and their validity in the context of national legal systems have imposed a geographical limitation of the protection: the right conferred by a national trademark is a territorial monopoly. That is why the first international efforts, beginning with the Paris Convention, aimed to create intergovernmental arrangements to facilitate the protection of trademarks in several states. The trademark remained a territorial monopoly, but its international registration became possible. In other words, the requirements imposed by the economic development of international trade have not put in question the principle of territoriality. It was not until the creation of the European Economic Community to send up a true supranational trademark. The harmonization of the national legislations of the EU Member States on trademarks – analyzed in the first part of our study - and the creation of a uniform European Trademark - considered in its second part - are two processes that are separate and parallel, but also deeply interdependent and interrelated. This thesis seeks to examine the legal nature of these processes and to demonstrate that they are part of a unique movement
Glanert, Simone. "De la traductibilité du droit". Paris 1, 2009. http://www.theses.fr/2009PA010300.
Pełny tekst źródłaBoucherie, Véronique. "Etudes cliniques, l'harmonisation ? : analyse des recommandations à partir d'un exemple en pathologie cardio-vasculaire". Paris 5, 1995. http://www.theses.fr/1995PA05P219.
Pełny tekst źródłaBetoe, Bi Evie Olivia. "Pour une promotion de la liberté contractuelle en droit OHADA des sociétés". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1007.
Pełny tekst źródłaThe Uniform Act on Commercial Companies is a special case. Indeed, the principle of legal certainty is recognized through the article 2, which makes the provisions of the Uniform Act as many public policy provisions. However, the lack of legal definition of such a concept is likely to cause some difficulties due to its nature of legal standard, except considering that public policy should rather be viewed as a law implementation technique. Though, it is clear this is a concept that helps to fulfill the requirement of legal certainty pursued by the OHADA legislator in the Uniform Act on Commercial Companies, ensuring thereby its economic attractiveness.In this regard, addressing the issue of contractual freedom in the Uniform Act on Commercial companies necessarily leads to highlight the paradox that results from the positive understanding that one can have of public order through the article 2 in view of the purposes persued by the OHADA legislator. Because, in attempting to meet the requirement of legal certainty and the requirement of economic attractiveness, it is the guarantee of the exercise of contractual freedom which is ensured by ricochet. In the end, this leads us to consider how the public policy as enacted ensures the protection of contractual freedom, so that public policy and contractual freedom become notions either to oppose, but to reconcile
Nguiffeu, Tajouo Eddy Laurence. "Les intermédiaires de commerce en droit de l'OHADA : essai d'une théorie générale de la représentaion commerciale". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010273.
Pełny tekst źródłaBorn within the context of modernisation and of exposing national economies to competition, OHADA has as principal objective to put in place a climate of confidence favourable to national as well as international investments. To attain this objective, the legislator has engaged in a vast domain of modernisation and harmonisation of business law within the member states. One of the most complex choices was that of actors and professionals in charge of putting in place this dynamic. Trade middlemen were thus retained, in the place of auxiliaries of commerce, to carry out commercial representation within the member states and beyond the frontiers of OHADA zone. This reflection, with regard to the preceding, has as objective to search for coherence between the professional status of actors and the legal regime of the activity of commercial representation in OHADA law. It equally had to evaluate the degree of pertinence of the legal device put in place to regulate the profession of business middlemen. The diversity which characterises this professional category in practice imposed a global and prudent step to arrive at the legal recognition of the professional category of trade middlemen in OHADA law. The contract of a business middleman, even as simple as it is, recommends many theoretical and practical solutions to arrive at it.Within this context, the profession of business middleman in OHADA law needs to be rethought. In effect, the abundant special status surrounding the notion of middleman has contributed to reinforce the opacity of this professional category. It is not always easy to make a distinction between a mandate, representation, brokerage, commission or even commercial agency. These notions are actually diverse, each having its specificity that legal literature and case law have contributed to reinforce. And it is to clear up these interlaces that we made some proposals
Dokoui, Symphorien. "La notion d'intérêt de l'entreprise en droits comparés français, béninois et de l'OHADA". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0411.
Pełny tekst źródłaSecular, the debate around the concept of interest of the company is far from dying out. The questions surrounding its definition, its apprehension and the limits of its effectiveness continue to feed the reflections of all those who are interested in the law of the labor relation, the right of the company. Paradigm, compass or gauge of behavior and management decisions, the interest of the company appears as a notion "chameleon". From a jurisprudential source, the interest of the company is no less a central notion of all the reforms affecting not only the improvement of the "collaboration" relations of the parties to the employment relationship, but also the essential cooperation between all those who take part in the exploitation of economic activities "investors, employees, customers, suppliers, civil servants, financial analysts, professional associations, the State". Aiming to clean up all the strategic and managerial mounts with a view to a real competitiveness of the company, the notion contributes not less to the protection of the dignity of the employee through the guarantee of decent work. Thus, all those who contribute to the operation of the company must act in the interest of the company, in the realization of the "collective project". The notion is thus at the center of an articulation between "the individual" and the "collective". Recently established in French law, the concept is relatively in the OHADA space and very little in Benin law
Milingo, Ellong Jean Joss. "Le civisme contractuel : étude de droit comparé. Droit OHADA et droit européen". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010265.
Pełny tekst źródłaThe "contract" is just because both parties wanted it. This idea has long prevailed in contract law and is still very present. With the observed economic, social, environmental and technological transformations, it is blunted in favour of a protective interventionism, the will no longer being to ensure exclusively the protection of the contractual interests. Today, voluntarism and protectionism are not enough to ensure the safety of all contractual interests. It is therefore necessary to think otherwise of a contract. According to Dean Carbonnier, «on/y the contractual citizenship (contract compliance ta public order and morality) represents an absolutely general validity requirement, the minimum social conformity required of al! contractors». The idea of citizenship, consubstantial with the notion of contract, reveals itself gradually on the matter, under national law, as in the state groupings such as the European law and OHADA. Though implicit, contractual citizenship is stated in the sources of these legal systems and its heterogeneous content is identifiable and recognizable. Moreover, the contractual citizenship authority to apply to all contracts of private law; to all contractual phases, even though it would be more evident during the execution of the contract. It binds the contracting parties and interpreters such the judge and arbitrator, and contribute" not only to help increasing their powers, but also to the security and reassurance of contractual relationship. Thus, the contractual citizenship could not be limited, as foreseen by the illustrious sire Dean Carbonnier, to an extrinsic condition of validity of the contract relating to the content. It is about a general principle of contract law, complementary to the existing principles like liberalism and contractual solidarity, and whose necessary textual dedication can be relativized. The violation of rights and obligations which conveys the contractual citizenship is sanctioned according to whether the interest in question is general or private, the idea being to maintain the contract so long as its execution remains possible, or to accelerate its disappearance when established that its maintenance likely infringe or affect the contractual persons involved
Thebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité". Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Pełny tekst źródłaDoctorat en Sciences juridiques
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Scoppio, Maria Elena. "La notion d'établissement stable : l'influence de la législation internationale et de la jurisprudence communautaire sur les systèmes juridiques nationaux : les expériences italienne et française". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30001.
Pełny tekst źródłaThe two notions of permanent establishment valid in the fields of direct and indirect taxation appear different : in the field of VAT the Court of justice of European communities interprets article 9 of the Sixth directive referring to elements that are absent in article 5 of the OECD model convention against double taxation. Furthermore, permanent installations of automatic structures are considered as permanent establishments for the purposes of direct taxes, while this is not the case for VAT. Some differences appear also comparing Italy, where an autonomous notion of permanent establishment in the field of indirect taxation is denied, and France, where the two notions are considered as different. The discrepancy between the two notions would be enhanced whether the ECJ would follow the opinion of the AG Poiares Maduro in the case C-255/02 Halifax, on the application of the abuse of right to VAT, since this principle would only apply to VAT and not also to direct taxes
Houéyissan, Wilfried A. "Les obligations de livraison, de conformité et de garantie contre les vices cachés : étude du droit OHADA à la lumière des droits français, québécois et de la Common law canadienne". Nantes, 2015. http://www.theses.fr/2015NANT4002.
Pełny tekst źródłaHaddad, Raymond. "La problématique de la gestion des déchets dans le droit communautaire de l'environnement". Thesis, Artois, 2011. http://www.theses.fr/2011ARTO0301.
Pełny tekst źródłaThe mass of waste that remained negligible during the early millennia of human experience, dangerously increased with the industrial revolution and the advent of the consumer society. Wastes can henceforth destroy the laws of nature. They cause serious and irreversible degradation of the environment and major technological risks.Given this reality, the community law of the waste and the jurisprudence of the Court of Justice had implemented three immune systems. They can be designated by the terms of metaphysics immunity, representing a system of values, legal immunity, corresponding to coercion, solidarity, information and participation, and biological immunity ensuring the maintenance of corporeality.This environmental advance has been partially undermined by the merchandising of waste. Indeed, the dominant feature of the merchandise is the abstraction, which extends to everything surrounding the merchandise form. Thus, the abstract merchandise value is only capable of quantitative differentiation as opposed to the qualitative of the environmental advocates. This abstraction allowed exceeding legal and metaphysical thought that disdains the residues, but it imposed a spatiotemporal process that determines the forms of thought harmful to the balance of the natural environment
Akue, Mickala Alain. "La situation de la caution en droit des procédures collectives au regard de la règle de l'accessoire : Etude comparative droit français/droit OHADA". Electronic Thesis or Diss., Toulon, 2019. http://bu.univ-tln.fr/userfiles/file/intranet/travuniv/theses/droit/2019/2019_AKUE_MICKALA_Alain.pdf.
Pełny tekst źródłaSince the introduction of the law n° 94-475 on 10 January 1994, the French legislator bas been part of a process of protection, while still interested, of the bail leader with the aim of promoting the recovery of the debtor in difficulty. This process, which culminated in the 2005 reform, had an influence on the law of collective procedures applicable in the OHADA area, not without striking the balance of the bonding institution as a whole. Since the reform of the AUC on 10 September 2016, OHADA law bas adopted the same regime for processing the bail of the debtor in difficulty as the French legislator. It consists in promoting the fate of the surety by exploiting its situation as long as the hope of saving the debtor in difficulty really remains. This includes a targeted application of the accessory rule in different stages of the procedure according to a common thread almost identically defined by each legislator, yet in a different legal and social environment. The impact of this aradox on the efficient rotection of the suret is felt in the application of measures of collective discipline to the surety on the one band, and the exercise of the bail on the other
Zerbo, Alain Gnankolawala. "L'analyse critique de l'effectivité du droit OHADA du recouvrement des créances". Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0003.
Pełny tekst źródłaThe OHADA law on juridical security through uniform acts has seriously been tested. Notably in the matter of debts recovery, which is part of the business law as defined by the Port Louis Treaty. The guarantors’ protection as well as the imperfect adequacy of the real securities, do not guarantee the creditors a comfortable position in regards to liabilities. Moreover, the numerous deficiencies of the law and the interest shown to the borrower through compassionate measures or by considerations of each party’s general interest, are also issues that are added to the already existing material obstacles that are hindering the execution of individual enforcement proceedings. Moreover, and while they have been the subject of a recent reform praised by practitioners, collective procedures remain ineffective due to an inconsistent time management. However, by reorganizing the theory of personal guarantees and taking into account the situation of small creditors on the one hand, and the reduction of legal obstacles and a better integration of the enforcement order on the other hand, the OHADA law on debt recovery could know a better future. This is the focus of this study which calls for a major overhaul of the debtor's protection doctrine
Bah, Oumar. "L'efficacité de l'arbitrage OHADA : le rôle du juge étatique". Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCB001.
Pełny tekst źródłaThe OHADA space is very suitable for the collaboration between the national judge and the arbitrator. However, if in the specific arbitration of the CCJA, it is up to the Court to administer the arbitrations organized within it, the determination of the state judge to traditional arbitration becomes complex. In fact, the lexical vagueness surrounding the generic term designating the national judge leads to a division of its field of jurisdiction according to the different phases of the arbitral proceedings. For example, depending on whether one is in the preparatory stage of arbitration or during the arbitration and post-arbitration phase, the state judge is not always the same. Depending on the judicial organization of the States Parties, it may be jurisdictional courts within the exclusive jurisdiction or courts of appeal in the context of a shared jurisdiction with the courts of first instance prior any appeal in cassation before the CCJA. That being said, whether it is the specific arbitration of the CCJA or the traditional arbitration, the state judge plays first a role of assistance in case of difficulties. To do so, he assists both parties and arbitrators in the constitution of the arbitral tribunal, the administration of the documents and the extension of the arbitration period. Similarly, if the parties express the need, the state judge may grant interim or protective measures in case of urgency. Finally, when the arbitrator pronounces the sentence, it will again be up to the state court to ensure its effective enforcement after the exhaustion of the remedies before its office
Bortoluzzi, Chiara. "La sécurité des médicaments. Législation pharmaceutique européenne et indemnisation des risques médicamenteux". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020025.
Pełny tekst źródłaThe definition and implementation of the European Union’s policies and activities guarantee a very high level of human health protection. One of its most important policies, in accordance with the relative health and economic development issues, is that on medicinal products. Drug safety is guaranteed by a legal framework, constructed on the pharmaceutical legislation laying down rules and procedures for obtaining marketing authorisation and for post authorisation monitoring. This legal framework is supported by a special institutional system,which in particular ensures close interaction between the European Medicines Agency, the European Commission and the national competent authorities. This legal framework has recently been revised as a result of the new pharmacovigilance legislation. As such, health safety has become a key directive in managing pharmaceutical risk. Yet, whenever a risk relating directly to a particular pharmaceutical product becomes apparent, medical damages and compensation claims arise. The response of the national French and Italian legal systems to the application for compensation of the victims of such accidents, by way of the ordinary rules of civil liability and the liability for defective products as defined in Council Directive85/374/EEC, has proven ineffective: they fail to take into account the specific nature ofpharmaceutical products. Based on this observation, there is a sound case for separating liability from compensation: the latter can be guaranteed by setting up a general compensationfund for medical damages, with both public and private sector participation. This solutionwould guarantee a socialisation of risks that is justified by the social nature of therapeutic risk. It would provide a counterbalance to the dangers inherent in scientific innovation, whilst simultaneously allowing patients to benefit from future therapeutic developments. By advocating a holistic approach to drug policy, this proposed compensation fund would act as apublic health policy instrument, in the context of which compensation for medical risks would only be considered an addition to, and extension of, the security guarantee that constitutes the cornerstone of the European pharmaceutical legislation
Wagou, Leumega Marie Pamela. "La protection des associés et des créanciers dans les opérations de fusion et d’apport partiel d'actif des sociétés commerciales en droit français et en droit OHADA". Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0362.
Pełny tekst źródłaThe merger and the partial contribution of assets subjected to the regime of splits are frequent operations both in France and in the member countries of the OHADA. They present multiple risks for shareholders and creditors, and this thesis focuses on the protection afforded to these categories. This study shows that their protection is ensured by three essential elements in the two legal orders: information, consultation and the principle of the universal transmission of the heritage. However, our analyzes reveal that these protections are insufficient because they are not implemented optimally and are strongly limited by case law. To improve the current system, legal and contractual solutions are needed to ensure the best protection of shareholders and creditors. The legislative way makes it possible to reinforce the effectiveness of a right, as for example the recognition of the right of withdrawal to the shareholders. As for the contractualization, it makes it possible to reinforce the basic protection instituted by the texts, as the survival clause of the obligation of cover or of the autonomous guarantee illustrates it