Également publié sous: Joseph ISSA SAYEGH · Joseph Issa Sayegh
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What are the key provisions and innovations of the OHADA Uniform Act on Secured Transactions (Organisation des Sûretés), and how do they reform the prior legal framework in francophone African states?
What are the conflicts of competence between OHADA law and other community or regional legal orders in the OHADA space, both in the elaboration and application of norms?
How are the provisions of OHADA commercial company law distributed between common law and special regimes, and what are the principles and implications of this distribution?
The article provides an introduction to the OHADA Treaty and its Uniform Acts, covering the institutions, normative functions, control of application and interpretation, and the substantive law resulting from the Uniform Acts.
What is the jurisdictional function of the Common Court of Justice and Arbitration (CCJA) of OHADA, and what uncertainties exist regarding its competence and procedure?
To what extent do parties enjoy contractual freedom in the OHADA law of security interests, both in choosing and in shaping the terms of securities?
What is the legal nature and regime of the pledge of bank accounts (mise en gage des comptes bancaires) under OHADA law, given that it is not specifically regulated by legislation?
Does the notion of 'francophone law' have any meaning?
Quelle est la portée abrogatoire des Actes uniformes de l'OHADA sur le droit interne des États parties, tant dans le temps que ratione materiae ?
What are the challenges and prospects for constructing a regional labor law in the African franc zone countries, particularly in light of the OHADA and UEMOA treaties?
How does the CIMA Code organize and regulate the insurance profession, particularly the creation, functioning, and financial regime of insurance companies?
What are the contributions (apports) and borrowings (emprunts) of the OHADA commercial sales law in relation to the 1980 Vienna Convention (CISG) and the internal contract and obligations laws of member states?
What is the jurisprudential assessment of OHADA uniform law, considering legislative uncertainties and jurisprudential turbulence?
the public order character of the provisions of the OHADA Uniform Act on Commercial Companies and Economic Interest Grouping (AUSCGIE) and the distinction between statutory and legal exceptions to the imperative nature of certain provisions
What is the content and structure of Ivorian competition law, and how does it regulate both competitive and anticompetitive practices?
What are the conditions for the constitution and realization of a pledge over receivables (gage sur créances de sommes d'argent) under the OHADA Uniform Act on Securities, and what role remains for contractual freedom in this area?
What are the main innovations and reinforcements introduced by the new OHADA uniform act on securities (sûretés) in the law of guarantees?
What are the conditions of access to and the content of the new status of 'entreprenant' under the revised OHADA Uniform Act on General Commercial Law, and what ambiguities and ambivalences does this new economic actor present?
the situation of workers in OHADA enterprise difficulty proceedings and how their status differs from other creditors and from their normal situation outside crisis
Can the territorial and material expansion of OHADA, as provided for by the Treaty, be effectively implemented without major difficulties?
How is legal integration being achieved among the African states of the Franc zone, through both harmonization and unification of law?
What is the place and role of OHADA as an instrument of legal integration for African countries in the franc zone, and how does it compare with other regional integration efforts?
What is the structure of the UEMOA legal order, how does its normative production operate, and what are its relationships and potential conflicts with internal state legal orders and other international legal orders?
How does the OHADA legal order fit within the domestic legal orders of member states and interact with other international integration organizations, and what are the resulting challenges and solutions?
What is the nature and legal regime of the rules for compensating victims of accidents caused by motor vehicles under Articles 225 to 277 of the CIMA Code?
What are the general provisions on commercial companies under the OHADA Uniform Act on Commercial Companies (AUSC), including preliminary and transitional provisions, and the conditions for forming a commercial company?
What are the specific provisions of the OHADA Uniform Act on commercial companies and economic interest groups, particularly regarding partnerships, limited liability companies, and public limited companies?
What are the legal provisions under the OHADA Uniform Act on Commercial Companies (AUSC) regarding the dissolution and liquidation of commercial companies, including causes, procedures, effects, and the roles of liquidators?
the conditions and legal effects of transformation, fusion, and scission of commercial companies under OHADA law
What are the provisions of the OHADA Uniform Act on General Commercial Law (AUDCG) governing commercial sales, including formation, effects, and disputes?
What are the main provisions of the OHADA Uniform Act on General Commercial Law (AUDCG), covering the status of merchants, the RCCM, commercial leases, and business assets?
The article presents and analyzes the provisions of the OHADA Uniform Act on security interests (sûretés), covering both personal and real securities, and highlights key reforms and their implications.
What are the provisions of the OHADA Uniform Act on collective procedures for clearing liabilities, including preventive procedures, judicial redress, and liquidation of assets?
What are the formalities required for the incorporation of commercial companies under the OHADA Uniform Act, and what are the stages, publicity requirements, and sanctions for non-compliance?
What is the general presentation and analysis of the Uniform Act on the Contract for the Carriage of Goods by Road (AUCTMR) in OHADA law?
What are the technical aspects and difficulties of legal integration through OHADA uniform acts?
Is it pertinent to create a regional social law (droit social régional) in the African states of the franc zone, and is it pertinent to regionalize all social law?
The article critically examines the OHADA arbitration system, questioning whether the uniform law and the role of the CCJA as an arbitration center truly ensure legal security, and identifies uncertainties and ambiguities in the application of the Uniform Act and the functioning of the CCJA.
Why and how should the domestic laws of OHADA member states be brought into conformity with the OHADA Uniform Acts, and what lessons can be drawn from such harmonization efforts?
What is the legal force of the official translations of OHADA uniform acts into languages other than French, and which version should prevail in case of discrepancy?
Whether the issuance of bonds convertible into shares (obligations convertibles en actions) is possible under OHADA law, given the silence of the Uniform Act on commercial companies on this specific type of security and the prior existence of a French decree (décret 53-811 of 25 February 1953) that allowed it.
This piece addresses six questions concerning the scope and content of a payment injunction order under the OHADA Uniform Act on simplified recovery procedures and enforcement measures, specifically regarding what elements of the claim (principal, interest, costs, fees, damages) must or may be included in the order and the related service of process.
How does OHADA contribute to legal and judicial security in its Member States, particularly through the Uniform Act on Securities and the arbitration framework of the CCJA?