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Дисертації з теми "Arbitres (droit) – Pays de l'OHADA"
Vlavonou, Clétus Prosper. "Les pouvoirs juridictionnels arbitre en droit OHADA à la lumière du droit français." Electronic Thesis or Diss., Université Côte d'Azur, 2024. http://www.theses.fr/2024COAZ0005.
Повний текст джерелаTo ensure the development of business law in the OHADA region, the legislator has instituted arbitration as the preferred method of dispute settlement. The aim was to meet the expectations of economic operators seeking justice free from the influence of national governments. Under an arbitration agreement, the parties give the arbitrator the power to settle their dispute. Like a state judge, the arbitrator has jurisdictional powers. In his capacity as a judge, he is called upon to respect the legal requirements attached to his mission, with the main expectation being respect for fundamental trial rights. As a contracting party, however, it seems necessary and opportune to take a more serious look at the role of will in determining and delimiting the arbitrator's powers, in view of his conventional origins. This will not fail to influence the arbitrator's jurisdictional powers in the conduct and rendering of the award. In either of these cases, the arbitrator enjoys a certain degree of freedom in carrying out his mission. When the parties entrust the arbitrator with the power to decide their dispute, they expect him to comply with the mission assigned to him
Soweng, Dieudonné. "La protection du débiteur en droit des contrats de l'OHADA." Nantes, 2014. http://www.theses.fr/2014NANT4008.
Повний текст джерелаAs 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.
Повний текст джерелаThe 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.
Повний текст джерелаSome, Barterlé Mathieu. "Le contrôle du juge étatique dans l'arbitrage en droit OHADA." Electronic Thesis or Diss., Perpignan, 2023. http://www.theses.fr/2023PERP0033.
Повний текст джерелаArbitration 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.
Повний текст джерелаZio, 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.
Повний текст джерелаAhoua, 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.
Повний текст джерелаIn 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.
Повний текст джерелаThis 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.
Повний текст джерелаThe 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
Книги з теми "Arbitres (droit) – Pays de l'OHADA"
Séri, Henri. L'OHADA et la pratique du droit des affaires en Côte d'Ivoire et dans les pays de la zone franc. Abidjan: Edilis, 2005.
Знайти повний текст джерелаLa cour commune de justice et d'arbitrage des pays de l'OHADA: Organisation, procédure et jurisprudence. [Paris]: Editions juridiques africaines, 2009.
Знайти повний текст джерелаLa nouvelle cour de cassation des pays de l'OHADA (l'Organisation pour l'harmonisation du droit des affaires en Afrique). [Dakar]: Editions juridiques africaines, 1998.
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