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Diallo, Makan. "La vente commerciale en droit OHADA". Orléans, 2007. http://www.theses.fr/2007ORLE0001.
Pełny tekst źródłaThouvenot, Sébastien. "L'ambivalence de l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires [O. H. A. D. A. ]". Montpellier 1, 2002. http://www.theses.fr/2002MON10073.
Pełny tekst źródłaNdenga, Badjan Etienne Armistice. "Le droit de vote de l'associé en droit Ohada des sociétés commerciales". Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3004.
Pełny tekst źródłaFollowing the reform of the Uniform Act on Commercial Companies, the study of shareholder franchise in OHADA law exposes the fact that the legislator continues to make voting rights an essential right of the shareholder which he must enjoy even when this right is exercised by a third party. The exercise of this right is guaranteed on the one hand by legal limitation of hypotheses of provisional suspension of this right, facilitating its exercise by a multiplication of convening bodies to summon shareholders for board meetings and the institution of electronic voting. On the other hand, it is guaranteed by the incorporation in criminal law, the obstruction of participation of a shareholder. However, in limited companies, it is important to recognize that the right to vote of the shareholder tends to be desecrated. This desecration is reflected in the possibility now given to these companies to issue preference shares that allow the modulation of voting rights. In fact, depending on the objectives that the company wishes to achieve, the company may decide to issue shares whose voting rights are either abolished or suspended. We can notice here a sort of "instrumentalisation" of the right to vote. Thus, the OHADA legislator no longer makes the right to vote an essential attribute of shares. This breakdown of shares which takes away the intangible nature of voting rights inevitably introduces different categories of shareholders. Likewise, it puts into question the legitimacy of power based on capitalistic legitimacy. The principle of proportional equality is also put into question to the extent that preference shares may not confer on their holders any right to vote. If the right to vote is now a mere modality of shares and shares can exist without it, could new operations which entail the transfer of voting rights independent from shares not be considered? An agreement with the objective of transfer of voting rights could be concluded. In the same way, the parties may decide to use other techniques that allow voting rights to be waived, such as voting trust, or to a lesser extent, resort to a proxy advisor
Kuate, Tameghe Sylvain Sorel. "La protection du débiteur dans le système des voies d'exécution OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires)". Bordeaux 4, 2003. http://www.theses.fr/2003BOR40008.
Pełny tekst źródłaKane, Diallo Aïssatou Kamissokho. "Intégration juridique dans la zone franc : Le cas de l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA)". Perpignan, 1998. http://www.theses.fr/1998PERP0905.
Pełny tekst źródłaDidot-Seïd, Algadi Aziber. "Contrats et droit OHADA des procédures collectives". Toulouse 1, 2007. http://www.theses.fr/2007TOU10012.
Pełny tekst źródłaSaley, Sidibe Harouna. "Le sort des créances postérieures en droit francais et droit de l'Organisation pour l'Harmonisation en Afrique du droit des Affaires (OHADA)". Thesis, Nice, 2013. http://www.theses.fr/2013NICE0019/document.
Pełny tekst źródłaCreditors are the keystone of the firm’s activity. Indeed, they are still being the natural and primordial partner of the firm’s activity. This situation is valid similarly for in bonis Firms and for those which fell out bankrupt. According to French law, in the 6th book of the commercial law, and Organization for Harmonization of Business Law in Africa (OHADA)’s system, at the instigation of the uniform act on bankruptcy (AUPC), posterior creditors are those who enable ailing firm to eliminate financial stagnation. In the same time, posterior creditors are those who accepted to finalize a partnership with the firm in trouble, instead of its difficulties, so as to finance activity’s pursuit or to support to gain a sustainable solution. To understand and to analyze the fate of posterior creditor in both studying legal systems, it has been necessary to answer two main questions endowed with a certain technical nature. Firstly, what is a posterior debt? And secondly, how are posterior creditors treated by bankruptcy law? Answering to those questions took out likenesses and divergences between French law and OHADA’s system as for the fate of posterior debt born in the later partnership establishes subsequently to the judgment of opening of bankruptcy
Adido, Roch. "Essai sur l'application du droit en Afrique : le cas de l'O.H.A.D.A. : aspects sociologiques et juridiques au vu du passé et du présent". Perpignan, 2000. http://www.theses.fr/2000PERP0367.
Pełny tekst źródłaMouthieu, Monique Aimée. "L'intérêt social, en droit des sociétés /". Paris : l'Harmattan, 2009. http://catalogue.bnf.fr/ark:/12148/cb414751127.
Pełny tekst źródłaNgoumtsa, Anou Gérard. "Droit OHADA et confllits de lois". Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_ngoumtsa-anou_g.pdf.
Pełny tekst źródłaSince its creation in 1993, the Organization for the harmonization of business law in Africa (OHBLA) has adopted common rules named « uniform acts ». These rules are intended to govern internal and international cases in all the member states, thus leading to the elimination of conflict of laws in the harmonised field. Such an influence of the community law on the conflicts of laws is, in reality, complex and limited. The first limitation is due to the gaps of uniform law which does not provide the solution to all questions in the field of business law prone to harmonization. Some conflicts therefore remain and can be solved according to national and community rules of conflict of laws. The OHBLA legal order uses these two solutions and has adopted common rules on the law applicable to the merits of the dispute in arbitration matters. Furthermore, substantive uniform law also applies to some external relations including non contracting states, when it is designated by the conflict rules. Lastly, community law uses private international law techniques like public policy and the method of international mandatory norms, to insure the protection of its values
Afana, Bindouga Michel. "L'égalité des associés dans l'acte uniforme de l'OHADA relatif au droit des sociétés commerciales et du groupement d'intérêt économique". Nantes, 2010. http://www.theses.fr/2010NANT4025.
Pełny tekst źródłaThis study falls within the framework of a new scope of research, namely the Organization for the Harmonization of Business Law in Africa (OHADA) and is based on a critical and comparative approach. Specifically, it examines the principle of equality of shareholders at the national, community and international levels. The first part of the study dwells on the notion of equality of shareholders which is a guiding principle that seeks to maintain contractual equilibrium in the making and execution of partnership contracts. The principle of equality of shareholders is examined through its bases: partnership contract, homogeneity and equity. Furthermore, it manifests itself through the access and participation of partners in companies, the protection of the principle of equality by the African legislator. A second part is a critical reflection on the principle of equality of shareholders. Furtherance of the principle is incomplete as the African legislator was hasty and did not have a clear understanding of this principle whose application poses serious problems. The attainment of the egalitarian objective is impeded by a gap in the law or by the behaviour of shareholders. These are de facto and ex officio obstacles. There is need to introduce necessary reforms to strengthen the OHADA Business Law, the role of the shareholders and control bodies so as to improve the full application of the principle of equality of shareholders in the Africa uniform business law
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 źródłaDjimasna, N'Doningar. "Réflexions sur l'efficacité des sûretés personnelles dans le droit uniforme issu du traité de l'O. H. A. D. A". Orléans, 2004. http://www.theses.fr/2004ORLE0001.
Pełny tekst źródłaHaidara, Hamzata. "Rapports organisation mondiale du commerce/Organisation pour l'harmonisation en Afrique du droit des affaires. Contribution à l'étude du processus de mondialisation des rapports économiques et commerciaux". Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20013/document.
Pełny tekst źródłaThe process of globalization has led to the emergence of new players' international organizations- giving thus a new configuration to the international relations. Globalization can be defined as a multidimensional process characterized by the interdependence in all the areas and leading to an increasing competition. It is the manifestation of international liberalism which is currently the dominant ideology. This process implies the existence of a world without borders which ends the myth of the territory as the main framework of international relations. State is no longer considered as the major player on its own territory. Rather, new policies that include non state players are needed. The WTO and the OHADA are two main players in this process at different levels: the first at the international level, the second at the regional level. Are these two organizations contradictory or complementary? In other words, do they interact? Is the principle of self-assertion of the superiority of traditional international or universal law applicable to them? Does the competition that may occur between them lead to a peaceful or a conflicting coexistence? These are the main issues that the present study will try to tackle
Kounde, Dédji. "Les actes uniformes de l'OHADA et la croissance économique des états d'Afrique de la zone franc". Perpignan, 2005. http://www.theses.fr/2005PERP0640.
Pełny tekst źródłaThe uniform acts, new business law applicable in sixteen (16) Africa States, enter into force progressly from 1998. They are to serve economic growth in the States members of the Organization of Business Law in Africa. This study help to discover theoreticaly and praticatily their real power to satisfy the purpose. Are the innovations in OHADA law able to improve economics in Africa? Many elements as africa's tradition, corruption, mondialization, OHADA as an example of regional integration have be taken into account in analysis. Economic indicators before and after enter in force of OHADA business law are disponible. Comparating them show us a result. But it is important to not forget that other parameters intervene in economic growth. At last, we know from now on that if the economic growth in the period after application of OHADA law is better or no than in the previous period
Mouloul, Alhousseini. "Le régime juridique des sociétés commerciales dans l'espace OHADA : (organisation pour l'harmonisation en Afrique du droit des affaires) : l'exemple du Niger". Paris 1, 2003. http://www.theses.fr/2003PA010256.
Pełny tekst źródłaBrémond, Sarr Geneviève. "La sécurisation juridique de l'investissement dans l'Ohada : le droit des sûretés à l'épreuve du recouvrement des créances". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32010.
Pełny tekst źródłaThe slowdown in investments in Africa has made it necessary to build a modern legal body that is better adapted to meet the demands of investment. Four decades after their independence, a number of countries (mainly members of the franc zone) signed on September 17, 1993, the treaty on the organization of business law in Africa, aiming at guaranteeing legal and judicial security in the OHADA (Organisation for the harmonisation of business law in Africa) zone. Secondary legislation stemming from this treaty gave rise to different uniform acts such as the uniform act on organizing seucrities and the uniform act on organizing summary debt collection procedures and measures of execution. The author studies the extent to which economic operators, mainly through the two above-mentioned acts, benefit from a better guarantee on the recovery of their investments against the risks of outstanding payments. The first part of this thesis presents efforts made by lawmakers to elaborate credit restriction tools, mainly through the setting up of the trade and personal property credit register, which aims at registering movable securities, and also by either elaborating a set of guarantees based on traditional refernces, particularly on French law, or by establishing new guarantees such as the letter of guarantee used in international transactions. The second part is devoted to the analysis of the measures of execution. In this field, the law makes a distinction between preventive measures and the measures of execution concerning moveable and immoveable property resulting in the distribution of funds. By re-establishing the writ of execution, the law provides creditors with the means to insure a more efficient recovery of their claims. It is possible to assess case-law tendencies through the analysis of the first decisions rendered on the basis of uniform acts
Tjouen, Alex-François. "Les rapports entre les juridictions suprêmes nationales et la Cour commune de justice et d'arbitrage de l'Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA)". Paris 2, 2006. http://www.theses.fr/2006PA020044.
Pełny tekst źródłaDe, Dravo-Zinzindohoue Marie-José. "La mise en place d'un droit uniforme du travail dans le cadre de l'OHADA". Reims, 2009. http://www.theses.fr/2009REIMD001.
Pełny tekst źródłaThe birth of the OHADA (Organization for the Harmonization in Africa of the Corporate law) reflect an awareness of the member states of the stake which represents the globalization, which is translated by the intensification of the exchanges and by the greater opening of the state economies in the international competition. It implies to go out of the archaism and the legal outdatedness by the harmonization of the corporate law around rules sure, stable, foreseeable and known to found a climate of trust favourable with the investments and to facilitate the line of business. Legal order OHADA rests on the legislative and jurisprudential unification: the secreted common right is of immediate application and uniform in all the States, left and a single jurisdiction controls and takes care of its correct and uniform application. Thanks to the celerity of the production process normative, eight (08) uniform acts are in the active of the OHADA, which contributed to improve the environment of the businesses in the countries of space OHADA even if it remains still remote regions when to the method of development, application and control of the uniform right. If one can be satisfied economic assessment, it is advisable to wonder about the slowness which the result of a uniform right knows on the l labour’s law whose project has been initiated for one decade (1999)… Yes, the fact of including the law of labour in the matters of the right of the businesses is well justified, but remains the equation of the method and the institutional framework appropriate to the “sensitivity” of the labour’s law. The reading and the spirit of the text of the preliminary draft do not let show through a social model which would be specific to the OHADA. This document rather seems to fall under the prolongation of the reforms started in the nineties, pennies the crook of the basic financial backers and marked for the ones by the primacy of the interests of the company and for the others by the “die-protection” of the rights of the employees; moreover, the OHADA runs up against kingly competences of the States like certain prerogatives of managements and labor as regards the labour’s law. However the construction of a African social model remains possible apart from the rigid framework of the OHADA. The UEMOA, which pursues the same objectives of harmonization of the legislations by taking for model the European Union which gradually builds a European social right based on the principle of freedom of movement for the workers, could be a new track to be explored: the method adopted by the UEMOA is softer and envisages the creation of consultative institutions, managements and labor could feel implied in the process of standardization of the labour’s law
Fone, Anne-Marie. "Étude comparée de l'intégration juridique par l'OHADA et l'UE : contribution à l'étude de l'élaboration et de l'application des normes d'intégration". Bordeaux 4, 2007. http://www.theses.fr/2007BOR40006.
Pełny tekst źródłaUniformization of business law by the Organization for harmonization odf business law in Africa (OHADA) and economic, political and social harmonization by European Union (EU) present, as far as elaboration and application of integration norms are concerned, significant differences. Objectives, institutions, fields and normative procedures are different. However, these juridical models of integration have important similarities such as : the conclusion of Treaties creating supranational institutions with larges sovereign competencies ; directly applicable norms with direct effects and the fact that these norms constitute communitarian juridical order with primacy on national juridical orders. The efficiency of these juridical integrations would be strongly improved if there was an extension of penal competencies and the conciliation of the primacy with the supremacy of national Constitutions
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
Toe, Souleymane. "Approche critique de l'application judiciaire du droit des procédures collectives dans l'espace OHADA". Perpignan, 2010. http://www.theses.fr/2010PERP0993.
Pełny tekst źródłaIn the collective proceedings application, justice plays a role of first choice. The judicial organs are composed not only of law court and its president but also by supervisory judge and the public department. Justice intervenes to open and nominate the different organs including those of the daily administration; in addition, justice secures the high administration. It (justice) supervises and speeds up the sequence of the procedure. It makes or allows important decisions. In practical way, the judicial treatment of law of the collective proceedings in the OHADA space shows, on the one hand, a kind of superficial opinion of the opening conditions of the collective procedure and, on the other hand, a disinterest of judicial organs during the sequence and the outcome of the collective procedure, all thing that runs negatively into the reaching of payment objectives of creditors and the saving of the company. It is that failure of the judicial application of law of the collective proceedings in the OHADA space that the study has tried to demonstrate trying to find some trails to improve the situation, essential for the health of the economies of the countries member of the OHADA Law Treaty
Sarr, Amadou Yaya. "L'intégration juridique dans l'union économique et monétaire Ouest africaine (UEMOA) et dans l'organisation pour l'harmonisation du droit des affaires en Afrique (OHADA)". Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32018.
Pełny tekst źródłaThis doctorate thesis is as study of the law integrated within the West African Economic and Monitory Union and the Organization for the Harmonization of Business Law in Africa. The study analyses, in the first part, the coexistence between the two law orders in the Zone Franc. The coexistence has been studied under the dual specificity of the primary and secondary sources and the institutional systems. In the second part, the study analyses the interactions between the two law order and demonstrates the structural coherency in the functioning of the systems as well the place of the different rules in the law hierarchy. The study shows the complementarily between the two orders which should be improved by preventive and careful solutions
Ndiaye, Idrissa. "La politique fiscale des sociétés dans les états membres de l'espace OHADA (Organisation pour l’harmonisation en Afrique du droit des affaires) : la problématique de l’assiette fiscale et solutions pour le développement". Paris 13, 2008. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2008_ndiaye.pdf.
Pełny tekst źródłaThe fiscal policy deals with the sharing out of the public recipe between the different taxes, on the base and the rate of the latter. In the states which are members of the OHCLA space, the tax policy of the societies must permit a substantial mobilization of fiscal bases in order to reassure the financial means of the the development policy of narrow tax base duties is by no means a strategy to mobilise consequent recipe. A fiscal administration which does not possess material human and satisfactory means does not contribute in fighting efficiently fraud and tax evasion in order to increase necessary fiscal recipes. Facing the globalization and the policies of integration, the state individualities do not also allow to sustain a genuine development tax policy in Africa. A new strategy of fiscal policy for the development of members states within the OHCLA is necessary. IT passes through a large policy of the norms of the recipes. A redefinition of the fiscal exoneration policy of the investment codes. One must give material, human and satisfactory means to the tax administration to play a genuin part (role). To put it in a nutshell, we have to develop the cooperation between tax administratin of the members states in order to take into account of the consideration of the tax policy. The fiscal harmonization has become a genuine strategy for the development of Africa
Adam, Tairou Yafradou. "La prise en compte des préoccupations environnementales par le droit de l'entreprise dans l'espace O. H. A. D. A". Nice, 2010. http://www.theses.fr/2010NICE0016.
Pełny tekst źródłaCoupling the environmental law together with the company law can seem inconsistent; causing indeed indigestion to the opposite interests. These conflicts of interests can alter more and more into a jumble of legislations which objectives are opposed as soon as the question of analysing the environment protection by the new business laws which results from the Organization for the Harmonization of Business Law in Africa is concerned. And yet, the private law specialist shall stick to it in order not to give way to the only public law expert. Set to promote the investments in Africa through the legal and judicial secureness of economic activities, and not to protect the environment, the instruments analysis elaborated by the O. H. B. LA law, emphasizes that they can enhance the environment’s protection through the companies in plump, in redress as well as the one in judicial liquidation. The resort to automatic mechanisms of trading rights in an area where the state’s inspection over the economic activities is put at evil appears to be an alternative and efficient outcome when the management of commercial companies is concerned. Nethertheless, in a globalized company whereby the blossoming of the various rights for internal businesses is developed often under the impetus of communities laws; the O. H. B. L. A Law can not confine itself to its original objectives and shall not henceforth ignore the environmental data for fear to be inconsistent with the concept of sustainable development. The environment protection has therefore become an instrument of economic adjustment at a time whereby communities’ legal orders have a growing ascendancy over the national laws
Kenfack, Douajni Gaston. "L'arbitrage dans le système OHADA". Paris 1, 2005. http://www.theses.fr/2005PA010263.
Pełny tekst źródłaEwane, motto Patrice Christian. "La gouvernance des sociétés commerciales en droit de l'Ohada". Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0065.
Pełny tekst źródłaIn the space of OHADA, the massive dissemination of the term governance essentially within the context of international cooperation for development. This new imperative of governance in recent years, the debate on building a corporate governance at the heart of all the speeches, reforms, all initiatives in the development of effective business and operation of the 'business. In fact, at that Community environment OHADA (CEMAC and UEMOA), there is the political will is above all economic, law playing only a role of second order implementation plan afterwards. Also, this poses the following problem, namely how to reconcile one hand, the essential objective of legal and judicial security to drain large flows of investment and, secondly, the essential challenge which involved the OHADA in establishing what is today commonly called "good governance" and the rule of law in Africa as a vector of economic performance. Given the ambition of the drafters of the AUSCGIE and, from the perspective of international standards, new requirements of economic development and enterprise sustainability, governance of corporations raises the issue of the legal effectiveness This set of rules. In other words, how to emerge in a space where the state control on economic activities is undermined, effective corporate governance rules within the commercial companies? Extensive program.In practice, given the realities, "Governance in the OHADA member states often means something else entirely. There is no corporate governance in the classic sense, but rather of political influence." Indeed, it is today the OHADA area suffers above all, not the absence of rules, but serious weaknesses persistence and a severe lack in terms of governance and control proper application of rules of law, particularly vis-à-vis the company. Given this situation, one is tempted to say that the rules and principles of corporate governance remains somewhat limited and has not yet yielded the expected fruits. Is a corporate governance in OHADA an illusion? The objective fact is obviously not. So the prism of current economic challenges and face new challenges and expectations of Member States, would only be possible convergence of the axes of realism that under the law of the OHADA, which must reconcile both imperative Economic (investment required) and legal and judicial security of economic activities (search for legal certainty).Keywords: OHADA (Organization for the Harmonization of Business Law in Africa), Law, Governance, Enterprise, Uniform Act
Ballal, Olga. "Les usages et le droit de l'OHADA". Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10013.
Pełny tekst źródłaThrough the creation of an attractive and securised legal framework, the OHADA gave a significant raise to foreign investments in West Africa. As rules created and practised by professionnals, usages make the standardization process hoped by the organization more complex. Considering such intricacy, especially related to the africain economic and social diversity, the OHADA legislator started to struggle against these usages by creating staturory rules. The results of such initiative are mixed. One would even question wether it is relevant
Zio, 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 źródłaDjossa, Tchokote Ivan. "La diffusion du système comptable OHADA : conception des principes et déclinaison des pratiques". Bordeaux 4, 2009. http://www.theses.fr/2009BOR40011.
Pełny tekst źródłaDuring the past twenty years, a contingent approach of accounting information systems has grown because of changes in the industry and competitive conditions. This led researchers to think about the ability of accounting data systems to diversify, and to differentiate, depending on the context in which they are developped. This has led to studies aimed at analysing real and potential reactions of accounting data systems to organise complexification, and variations of uncertainty related to technological and economic changes. This thesis shows that dissemination factors such as the characters roles, the information supply through the communication channels, perception of the accounting innovations, and certain variables in the socio-economic environment, have an influence on the degree the usefulness of the accounting data system in small and medium enterprises
Koné, Oumar. "Contribution à l'étude d'un droit du travail adapté à l'Afrique subsaharienne francophone à travers l'exemple des états d'Afrique de l'Ouest". Toulouse 1, 2010. http://www.theses.fr/2010TOU10042.
Pełny tekst źródłaVirtually all countries in francophone sub-Saharan Africa are now engaged in a process of drafting a uniform act on the labor law in the context of the Organization for the Harmonization of African Business Law (OHADA). Given this historic occasion, it appeared appropriate to conduct an analysis on the positive rights of some States parties to the OHADA Treaty in order to suggest possible adjustments to be made. In this regard, the analysis revealed that positive rights of the countries surveyed suffer from a particularly great ineffectiveness due notably to resistance from some local customs and to the exclusion from their scope of the mass of workers in the informal economy. Thus arose the question of the relevance of standards vis-à-vis local realities to which they are supposed to apply. While needing to guard against falling into what might be called the myth of the adaptation of law to fact, we must admit that the issue is acute. The adaptation of African labor law could not, of course, confine itself to taking into account only the local situations. It also extends to consideration of the rules of contemporary globalization that must be humanized by universal principles and rights at work as defined by the International Labour Organization (ILO)
Kagisye, Emmanuel. "Les conflits de normes dans l'espace OHADA". Rouen, 2013. http://www.theses.fr/2013ROUED002.
Pełny tekst źródłaMafeuguemdjo, Blandine. "Etude comparée en droit OHADA et français de la protection du créancier chirographaire d'une société en difficulté". Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3010/document.
Pełny tekst źródłaThe exercise of an economic activity is a path fraught with obstacles. This is evidenced by the number of liquidations closed for lack of assets. For the year 2018 in France, there are 37,214 judicial liquidations against 16,359 judicial restatements. Similarly, in the OHADA space, despite the absence of a study to quantify the number of corporate failures, we know that the judicial liquidations remain significant and problematic. Many societies are dying without even going through a collective process, especially those operating in the informal sector. This situation is not without consequences for unsecured creditors who have no real or personal guarantee. The status of unsecured creditor does not, in most cases, result from a choice of the creditor concerned. This is a situation that is imposed on him, especially for reasons related to the cost of taking a guarantee. This situation is all the more worrying as the unsecured creditor may become, in turn, a debtor in difficulty. It is therefore important to look for a way to protect it. The first way to do this is to prevent it from being confronted with an unpaid situation, which involves preventive actions aimed at preventing, in order to avoid them, the difficulties of its debtors. In this respect, the mechanisms for preventing difficulties must be geared to better involving unsecured creditors in the early treatment of society's difficulties. On the other hand, because prevention does not prevent the occurrence of difficulties, it is important to look for ways to preserve unsecured creditors when a collective proceeding is still open. The subscription of an insurance can then be considered
Tchantchou, Henri. "La supranationalité judiciaire dans le cadre de l'OHADA : étude à la lumière du système des communautés européennes". Poitiers, 2008. http://www.theses.fr/2008POIT3001.
Pełny tekst źródłaIn 1993, 16 African States concluded a Treaty called OHADA in other to simplify and standardize their business law. The normative unification was accompanied by a judicial harmonization supported in the principle of judicial supranationality. This rule holds that excepting supreme courts, the national jurisdictions of the member states should enact in first and second ressorts, under the control of the Common Court of Justice and Arbitration, which ultimately sits as third degree of jurisdiction. The system therefore overtakes the existing relationship between the CJEC and the jurisdictions of the member states of the European Union, which essentially consists in a dialogue through the mechanism of the prejudicial return in interpretation of the community norms. Nevertheless, the consistency of the OHADA system sometimes appears problematic. It is why, while explaining and criticizing the OHADA judicial supranationality, the present thesis tried to elaborate a general theory of it
Aguemon, Mahmoud Brice. "Le droit de la régulation financière dans l'espace OHADA : étude comparée avec les législations internationales". Toulouse 1, 2011. http://www.theses.fr/2011TOU10065.
Pełny tekst źródłaThe widespread and unprecedented perception of financial markets in countries of West and Central Africa has focused attention on getting financial regulators into the nation's financial systems. The latter are in charge of monitoring financial services and operations, of adopting specific governing rules and of implementing various regulations. Yet the tumult of the international financial crises and the rush to set out efficient regulations, it was important to proceed with in-depth analysis of certain regulations governing African financial markets. As a result, although it might seem that financial regulators, along with the prudential regulators contribution, provide a notable support for actors and operations and ensure resumption of the sub-regional economic development, it should be noted, however, that these regulations are not compliant with international standards. Finally, the intent of this comparison is to provide a comprehensive review of the possible ways in which the role of financial regulators can be enhanced so as to undertake corrective measures to ensure financial stability and protection for investors
Madjiwei, Ngarlem Ngarguinam. "Le droit pratique des affaires au Tchad : quelle place pour le commerce informel?" Paris 1, 2010. http://www.theses.fr/2010PA010271.
Pełny tekst źródłaGlogah, Kuassi Pascal. "Le défaut de conformité et la garantie des vices cachés en droit OHADA à la lumière du droit français et de la CVIM". Perpignan, 2014. http://www.theses.fr/2014PERP1188.
Pełny tekst źródłaIn french law, dissatisfied buyer has many recourses against the seller: latent defect guarantee and conformity delivery. But those two notions definition overlapped. Their limits are not clear even if their legal system is different. That incite to doctrinal and case law controversy. Some authors propose to repeal the traditional dualist system. And many more besides propose to persist. With European law, the French system finally mixed traditional dualist system and monistic system. But African business law (OHADA) and international sale law (CVIM) decided to eliminate the latent defect guarantee notion. The buyer has only one recourse against the seller. That simplifies and modernizes African law. What are the legal problems this reform implies? What is le legal cause of this choice? The French law shows fair protection to buyer and seller. This thesis approves the African business law reform. But what could French original law still bring to African business law to improve its quality? This work tries to bring solutions to all those questions
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
Worms, Françoise. "Les faillites internationales: l'approche OHADA et l'approche européenne". Paris 2, 2007. http://www.theses.fr/2007PA020012.
Pełny tekst źródłaNdzuenkeu, Alexis. "Le système OHADA et l'intégration juridique en Afrique". Thesis, Toulouse 1, 2022. http://www.theses.fr/2022TOU10006.
Pełny tekst źródłaThe Organization for the Harmonization of Business Law in Africa (OHADA), as it is based on a transfer of legislative and jurisdictional powers from the Member States to the joint organization, is seen to be a tool for legal integration. Indeed, OHADA combines both supranational and national norms and institutions. However, the operation of this system has not yet been comprehensively assessed. This study therefore aims to assess the ability of the OHADA system to achieve the desired integration of the African continent. To this end, it is necessary to review how the relationships between the bodies and norms of domestic law and those resulting from the Treaty establishing the supranational organization are articulated. Highlighting the features of legislative policy and legal technic that structure the OHADA Community construction will enable to identify the strengths and weaknesses of the system, and hence, to formulate proposals for improving this legal integration tool
Tchakoteu, Messabiem Liliane. "La protection des créanciers dans les procédures collectives d'apurement du passif O. H. A. D. A, comparaison avec le droit français". Perpignan, 2013. http://www.theses.fr/2013PERP1166.
Pełny tekst źródłaThe system of protection of creditors in collective procedures has evolved considerably. The processing mechanism of the company’s difficulties does not focus on creditor's claims; the legislations are invited to pay more attention to other players that are structural debtor and other third parties. The need to divest the debtor and regroup creditors’ together remains, but the current law redefined the relationship between the creditor and the debtor. This revival of the legislation on collective procedures occurs both in French law and in the O. H. A. D. A. Right. In French right, the willingness of creditor protection is combined with the need to preserve the activity, seeking payment of creditors is made flexible to allow, if necessary, rescue of the company. In the context of the O. H. A. D. A, the increasing will to protect all the creditors warrants the setting of legal mortage on the debitor’s estate and the inflexibility of recovering mechanisms. Ultimately, we can see that both in French and African Law, creditors continue to receive protection and collective dimension oriented egalitarian but that protection rules express faint differences between approches from one system to another
Kamena, Bréhima. "La situation de l'associé minoritaire en France et dans l'espace Ohada". Grenoble 2, 2005. http://www.theses.fr/2005GRE21005.
Pełny tekst źródłaAjavon, Arthur. "Les procédures simplifiées de recouvrement et des voies d'exécution en droit de l'OHADA". Toulouse 1, 2010. http://www.theses.fr/2010TOU10067.
Pełny tekst źródłaThe uniform act on the simplified procedures of covering of April 10, 1998 devotes a first book to the simplified procedures of covering and a book two with the ways of execution and the procedures of distribution of the sums of money of the sale. In spite of name "procedure of covering" which is misleading, the simplified procedures are distinguished from the ways of execution of which they constitute only the prelude. The ways of execution, on the other hand, are true procedures by which an unpaid creditor seizes the goods of his debtor in order to make them sell and to pay itself on the selling price or to be made allot the aforementioned goods. This text aiming at causing the investment by reassuring the creditor by the greater revalorization of the executory title through the reinforcement of the legal techniques of its implementation
Mulumba, Christian. "Intégration institutionnelle et informalité transfrontelière en Afrique Centrale : Contribution à l'étude des rapports entre le droit et le réalité dans un processus d'intégration communautaire". Nice, 2008. http://www.theses.fr/2008NICE0064.
Pełny tekst źródłaMuka, Tshibende Louis-Daniel. "L' information des actionnaires, source d'un contre-pouvoir dans les sociétés anonymes de droit français et périmètre O. H. A. D. A". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32022.
Pełny tekst źródłaAs the State remains a perfect example of a political society, so are public limited companies under the French or O. B. L. H. A. Law governed by democratic principles. Such principles postulates separation, specialization, and hierarchical organization of social organs, which also represent powers. Thus, the supreme meeting of shareholders ultimately controls social affairs, which company managers carry out. In order for such control to be effective, the French law that has strongly influenced the African Law is characterized by reinforcement of shareholders’ right to information. These changes are related to information process diversification and extension of information field. Following the reinforcement of shareholders right to information, one might notice in the two laws the affirmation of rights for the concerned to benefit from effective information ; such affirmation is established through reinforcement of legal control of accounts and the authorization of shareholders the possibility of appealing to certain authorities. In France as in O. B. L. H. A area, these two dynamics cause the information from which shareholders benefit as a source of opposition force that they can exercise in facing the business managers
Fall, Meïssa Tend Madior. "L'efficience des sûretés en droit de l'OHADA". Thesis, Paris Est, 2020. http://www.theses.fr/2020PESC0002.
Pełny tekst źródłaObserving the law of secured transactions through the prism of efficiency reveals the reason why real and personal securities suffer as much from the competition from insurance law. Why are so many creditors no longer satisfied with their rights under the security agreement? Why are more and more people preferring the protection offered by the debtor's default insurance policy?Today's economy is increasingly favoring the use of an intermediary. It provides a service to agents by enduring the activities those are reluctant to achieve themselves. Insurance law allows the creditor to no longer directly bear the risk of default ; while the law of secured transactions requires the creditor to roll up his sleeves and carry out all the necessary operations for the implementation of his protection.An in-depth study of the prerogatives of the secured creditor will help to better determine the bases of their efficiency, in order to identify the appropriate levers for optimization. Knowing what makes securities efficient makes it possible to better adapt to the expectations of those who benefit from it, and increase its intelligibility and attractiveness
Assontsa, Robert. "Le juge et les voies d'exécution depuis la réforme de l'Ohada". Strasbourg, 2009. http://www.theses.fr/2009STRA4018.
Pełny tekst źródłaMouafo, Tambo Blaise Désiré. "La prévention et le traitement des difficultés bancaires : (étude comparée de droit français et de droit des pays africains de la zone franc)". Paris 13, 2010. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2010_mouafo_tambo.pdf.
Pełny tekst źródłaThe persistence of banking crises bears witness to the vulnerability of banks despite the elaboration of a specific legal framework. Also, if a bank fails and bankruptcy proceedings are opened against it, the chances of recovery are virtually none and some interests are often sacrificed. Using examples from France and African franc zone countries, this thesis proposes a comparative study of the mechanisms of the prevention and treatment of the difficulties that confront the banking industry during the course of its operation. This study shows that the law is not fully consistent with the framework and the requirements of banking activities and demonstrates that it is essential to improve it. Some adjustments must be made both before and after a bank goes bankrupt. Beforehand it is important to take into account the peculiarities of the context in which banks operate in the implementation of the prudential framework. Afterwards, it is important to ensure that the rules relating to receivership and liquidation of assets take into account the requirements and the specificities of the banking industry, both in domestic law as part of an international bankruptcy. The use of certain common law exception mechanisms such as multilateral netting of debt or postponement of the effect of the bankruptcy ruling or the introduction of a deposit insurance mechanism is sometimes essential. By confronting French law with the law that is in force in France and both zones that constitute the African franc zone, to same questions, this work is part of the internationalization of banking industry and the need to consider solutions that take into account the varying contexts of banking operations
Moundounga, Mapangou Ulrich. "La protection des associés minoritaires : étude comparée de droit français et droit OHADA". Electronic Thesis or Diss., Pau, 2023. http://www.theses.fr/2023PAUU2131.
Pełny tekst źródłaThe legal protection of minority shareholders is justified in company law and in OHADA law by the direct absence of management of commercial companies by the latter. As a result, both legal systems implement several mechanisms to protect the interests of minority shareholders. These mechanisms are of several kinds, i.e. legal rules favouring equal treatment of all partners or exclusive rights for minority partners favouring a balance of power in the management of the company, but also the coexistence of actors capable of regulating the proper functioning of the company, in particular the judge, and associations defending the interests of minority partners.In companies where the economic stakes are very high, such as companies making public offerings, the French and OHADA legislators, anxious to protect minority shareholders, add to common law the intervention of financial market law, which reinforces the protection of minority shareholders, particularly in the exercise of their right to sell. Thus, it can be seen that French company law and OHADA law use almost the same legal basis to protect minority shareholders. There are more similarities than differences in the two legal orders since the OHADA legislators undertook a reform in 2014 in order to considerably strengthen the powers of minority shareholders in the management of the company. This reform of OHADA law has almost come close to company law.However, despite the efforts of French company law and OHADA law to protect the interests of minority shareholders, the status of minority shareholders remains precarious. The law of the majority prevents the protection of minority shareholders from being absolutely effective. To achieve effective protection, certain rights should be generalised in order to control the management of the company and their interests
N'Guessan, Donald Jean-Marc. "Développement et intégration régionale en Afrique de l'Ouest : analyse des contributions de l'OHADA et de l'UEMOA". Reims, 2010. http://www.theses.fr/2010REIMD002.
Pełny tekst źródłaThe legal integration thus seems promising one locomotive of the economic integration. The trust which law OHADA should arouse at the economic operator's, by proceeding gradually to the legal and judicial reassurance of the common market of the UEMOA, should incite them to create there and to develop economic activities. It, in that we wonder to know in the business law OHADA can arouse the deprive direct investment foreign or national, considered in the third millenium as the engine of the growth, in the space UEMOA, freedom of circulation. In the optics of this security and impulsive approach, the OHADA and the UEMOA are going to participate in the construction of this community legal framework through a device conceived around four axes, namely : a device of organization safety capable of guaranteeing the solidty and the autonomous and long-lasting functioning of the community institutions asked to lead the project of integration to its realization ; the consecration of a legal integration relative to the business, as fundamental tool of consolidation of the economic integration ; the construction of community structures asked to defend this law the application of which is determining in the safety in business connections ; finally, the institution of the freedom of circulation in all the community space to facilitate the intra-community exchanges, indispensable to the regional juridico-economic dynamics ; and which the analysis should allow to estimate the level of realization and the feature of this plateform OHADA-UEMOA