CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introduction

OHADA is an international organization created by a treaty signed in Port-Louis (Mauritius) on October 17 1993 by 14 African states. The Acronym stands for Organization pour l Harmonisation en Afrique du Droit des Affaires.

In the treaty text the revision brought about the new institution of conference of Heads of States and of Government as a legislative process. The aim of this was to designed to relieve the council of ministers from the burden of dealing with competing national political concerns, it allows OHADA to focus more on the technical rather than political issues. The other revised institutions were all about introducing new reasons for its functioning such as the ERSUMA which has added its function from a school to a research centre and working in collaboration with universities.

Moreover, the treaty’s revision addresses the relationship between the CCJA and the Conference of Heads States and of Government by interactions. Also there is the aspects of language in which OHADA has it as French but has an urge to extend its geographical future by introducing English, Portuguese and Spanish as its revision.

Since the adoption of the treaty on the harmonization of business law in Africa in 1993 as revised in 2008 (the OHADA Treaty) and the coming into force of several uniform acts, certain changes to the various uniform acts appeared to be necessary. A process involving the evaluation and reform of the various uniform acts adopted under the OHADA Treaty has been initiated since 2007 with the support of various practitioners and experts and discussions have been held with representatives of Member States and business people.

Nonetheless, the reform of the Uniform Act involves the introduction of a new aspect called Cooperatives adding up to the other eight making 9 nine Uniform acts. The revision of the Act also introduces the  aspects under the general commercial law as an enterpriser and a new definition of a trader to make it more practical. Also the transformation of the Trade and Personal Property credit Register into an electronic database or computerization.

1.2 Background of the Study

Ohada is a system of  business law which cuts across 16, soon 17 West and Central African Countries. The idea behind the creation of OHADA sprang from a political will to strengthen the African legal system by enacting a secure legal indispensable for the economic development of the continent.

Broadly speaking, the membership reflects a common tradition, with the exception of Equatorial Guinea and Guinea Bissau, where Spanish and Portuguese are spoken respectively and English speaking regions of Cameroon. All OHADA member states are French speaking and in civil law tradition.Also as a public international organization, OHADA is a legal entity with rights and obligations distinct from those of its member states. The Ohada also enjoys privileges and immunities with regards to its property and employees. The headquarters of OHADA is located in Yaoundé, Cameroon in which it cannot be sued by the domestic court as a privilege court of justice and arbitration.

The aims of OHADA are found in its Treaty to unify business law throughout the members disputes which are contractual through its institution and uniform act. Since the UA apply to particular areas of law and all through member states, provide an overall legal framework which is in general based on civil law borrowed from modern French law.

Besides, the dominance or French language and civil law within OHADA will soon change overtime, as the aim of OHADA is to reach beyond its original members through language by not necessarily embracing only French speaking countries. For this reason OHADA treaty provides for the members and non members of the OAU or Organization for African Unity are invited to join OHADA by acceding to the Treaty.

1.3 Definition of Key Terms

OHADA; this is an international organization created by a Treaty in port Louis. The acronym stands for “Organization pour l’ harmonisation du Droites des Affaires en Afrique.

REFORM This is the modification, alteration and changes made to the OHADA treaty in 2008 at Quebec for the further improvement of the organization.

1.4 Statement of Problem

-In which way was the OHADA system put in place since 1993 has been modified since 2008.

-Which Uniform Acts were Amended and in which way.

-What are some provisions modified.

1.5 Objectives of the Study

To show and justify the reform introduced in the OHADA system since 2008

1.6 Methodology

In order to carryout this research, the researcher will be required to make use of Quantitative method of reasoning that is primary and secondary sources. The primary source will include articles (provision) and the secondary source will include books and decrees. Another research method will be online research.

1.7 Synopsis of the Chapters

This research titled THE OHADA REFORM SINCE THE AMENDMENT OF THE OHADA TREATY 2008 is made up of four chapters beginning with chapter one which  is the general introduction followed by chapter two which addresses the institutional aspects of OHADA and its reforms. Chapter three deals with the reform of the substantial or material law of OHADA generally known as Uniform Acts and lastly chapter four is based on conclusion and recommendations.

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