Abstract

The UN Convention on Contracts for the International Sale of Goods and OHADA Uniform Act on General commercial Law provides for exemptions for contractual non-performance as a right due to an “impediment” beyond a party’s control. This principle is contained under both legal systems that is the civil law and Anglo-Saxon Legal systems which are all applicable in Cameroon.

However, CISG and OHADA laws have incorporated provisions in their laws though making it an international norm. The exercise of the right to non-performance rights causes economic lost to the party or victim and does not fulfil the aim in which the contract was entered into. Parties enter into contract to either for personal or commercial purposes. Failure for one party to performs its own part of the contract will cause the other party economic lost and the party is left with the option of exercising rights to non-performance after specific performance must have failed.

With this, the work set to question how is the right to non-performance is applicable or exercises under the CISG and OHADA law? The objective was to assess the implementation of the right to non-performance under CISG and OHADA law. The methodology adopted in the work is quantitative research method, where data was gotten from both primary and secondary sources.

This work concludes that there has been a convergence in the treatment of the excuse for nonperformance originating in various legal systems, which ultimately evolved into an autonomous principle, towards a conceptual goal of uniformity in a body of international commercial law, both at the regional and international levels regardless of its unique development in separate and distinct legal jurisdictions.

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