Download or read book L harmonisation OHADA des contrats written by Bigué Sall and published by . This book was released on 2019 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le cadre légal est indispensable au développement de l'économie. Il définit l'avancée ou la baisse du climat des affaires dans un pays ou un espace. C'est ainsi que l'Organisation pour l'Harmonisation en Afrique du Droit des affaires s'est fixée pour objectif dans une plus ou moins longue échéance, le développement économique de l'Afrique en générale et de ses états membres en particulier. Pour cela, il lui faut indubitablement un droit contribuant à l'instauration d'une sécurité juridique et judiciaire à même de favoriser les investissements indispensables au développement économique de ses États membres.Dans ce contexte, elle s'est dotée de règles pouvant encadrées le développement des affaires dans son espace. Ces dispositions appelées actes uniformes sont actuellement au nombre de dix, seulement aucun de ces actes uniformes n'est relatif au droit commun des contrats. Or, le contrat est la clé de voûte du développement de la vie des affaires. Son uniformisation ou son harmonisation est à prendre en compte pour une efficacité des contrats dans la zone OHADA et de l'Afrique en général ; d'autant plus que le droit positif de ses pays membres, en matière de théorie générale des contrats n'est pas formellement uniformisé. Il est urgent d'entamer une réforme !Toutefois, il y a lieu de préciser qu'un certain nombre de projets allant dans le sens de l'harmonisation du droit des contrats ont été abandonnés ou non aboutis notamment l'avant-projet d'acte uniforme OHADA sur le droit des contrats ou encore le projet portant droit général des Obligations. Ces abandons suscitent des questionnements que nous essaierons de répondre au cours de nos développements à travers une approche historique, critique et comparative.
Download or read book The harmononisation of contract law within Ohada written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Elgar Companion to UNIDROIT written by Thomas John and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.
Download or read book The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law written by Justin Monsenepwo and published by Mohr Siebeck. This book was released on 2023-01-03 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Institute for the Unification of Private Law UNIDROIT written by Lena Peters and published by Kluwer Law International B.V.. This book was released on 2021-11-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Download or read book Unification and Harmonization of International Commercial Law written by Morten Fogt and published by Kluwer Law International B.V.. This book was released on 2012-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Download or read book Yearbook of Private International Law written by Paul Volken and published by sellier. european law publ.. This book was released on 2009-04-27 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the 10th anniversary of its first publication! And it will continue to provide you with interesting information on the future development of private international law. - The new Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 - Commercial agents under European jurisdiction rules - Grunkin-Paul and beyond - a seminal case in the field of international family law - The new Rome I/Rome II/Brussels I-synergy - Rome I and contracts on intellectual property - Rome I and distribution contracts - Rome I and franchise contracts - Rome I and financial market contracts - Special section on maintenance obligations
Download or read book African perspectives in international investment law written by Yenkong Ngangjoh Hodu and published by Manchester University Press. This book was released on 2020-12-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.
Download or read book La dimension sociale du droit international priv written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.
Download or read book Legal Reform and Business Contracts in Developing Economies written by Julie Paquin and published by Routledge. This book was released on 2016-04-22 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ’best practice’ as identified by aid institutions.
Download or read book Business Law in Africa written by Boris Martor and published by Kogan Page Publishers. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise and Reviews `An important new book.` African Review of Business and Technology Legal harmonization is an essential step to encouraging foreign investment in Africa and the development of sustainable pan-African trade.This important new book explains the new system of law, now being developed and promoted by OHADA. OHADA - the Organization for the Harmonization of Business Law in Africa - is an international organization currently comprising 16 Member States: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, the Federal Islamic Republic of the Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Niger, Senegal and Togo. As a result of the creation of OHADA, business law in these African countries has recently entered a new era of rapid modernization and harmonization. OHADA's essential aim is to promote economic integration and development by creating a secure legal framework for the conduct of business in Africa. In order to achieve this aim, OHADA has enacted a number of laws, known as Uniform Acts, on various aspects of business law including commercial and company laws, insolvency, securities and arbitration. These Uniform Acts are directly applicable throughout the Member States. This book offers an overview of the aims and achievements of the OHADA system and explains in depth the legislation that has been issued to date. It will be invaluable to legal and business development executives in major global companies, international law firms, accountants and management consultants, students of international business law, government agencies, and NGOs concerned with Africa and African business people. The authors are members of the Africa team in the Paris office of Eversheds: Boris Martor, Avocat à la Cour de Paris Nanette Pilkington, Avocat à la Cour de Paris David S. Sellers, Solicitor, England & Wales, Avocat à la Cour de Paris Sébastien Thouvenot, Docteur en droit, Elève-avocat who have worked in close collaboration with: Adesegun A. Akin-Olugbade, General Counsel, African Development Bank Dr. Martha Simo Tumnde née Njikam, Barrister and Solicitor of the Supreme Court of Cameroon, Head of Department of Law and Vice-Dean in charge of Programmes and Academic Affairs in the Faculty of Social and Management Sciences, University of Buea, Cameroon
Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
Download or read book WIPO Collection of Leading Judgments on Intellectual Property Rights Members of the African Intellectual Property Organization 1997 2018 Collection OMPI des jugements les plus d terminants en mati re de propri t intellectuelle Membres de l Organisation africaine de la propri t intellectuelle 1997 2018 written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-03-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook of selected judgments from the member states of the African Intellectual Property Organization (OAPI) is the second volume in the WIPO Collection of Leading Judgments on Intellectual Property Rights. This collection gives the global intellectual property (IP) community access to landmark judgments from jurisdictions that are among the most dynamic litigation venues or whose jurisprudence is not readily available to an international audience, through a succession of volumes that illustrate IP adjudication approaches and trends by jurisdiction or by theme. / Ce recueil de décisions retenues par les États membres de l’Organisation africaine de la propriété intellectuelle (OAPI) est le second volume de la Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle. La collection de l’OMPI, qui consiste en une série visant à illustrer dans chaque volume les approches et les tendances concernant la détermination des droits de propriété intellectuelle, par système juridique ou par thème, permet à la communauté mondiale de la propriété intellectuelle d’avoir accès aux jugements les plus déterminants rendus dans certains des systèmes juridiques les plus dynamiques au monde ou dont la jurisprudence n’est pas facilement accessible au public à l’échelon international.
Download or read book Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law written by Alejandro Garro and published by Springer Nature. This book was released on 2020-11-03 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
Download or read book Hardship and Force Majeure in International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International B.V.. This book was released on 2019-07-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
Download or read book Contracts Between Ecclesiastical Entities According to Canon Law written by Joseph Clifford N. Ndi and published by Logos Verlag Berlin GmbH. This book was released on 2018-08-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within ecclesiastical circles, both from the perspective of legal practice and ordinary relational matters between ecclesiastical entities, the theme of contract very scarcely occupies a place of prominence. It is a situation that is due on the one hand, and to a large extent, to the fact that the canonisation of civil law on contracts (c. 1290 CIC/1983) has had the consequence of transferring the preoccupation of the entities on this matter to the domain of civil law. Besides, and still connected to the above, is the tendency to attribute a merely pastoral relevance to their relationships, with little or no reference to the juridic aspects inherent in these relationships. It is a situation that is largely responsible for the crisis which do not uncommonly characterise some of these relationships as verified over the centuries; particularly in the relationship between dioceses and religious institutes. The issuance of various papal and conciliar exhortations before and after Vatican II, as well as the normative instructions and legal provisions contained in various juridic documents, most prominently cc. 271, 520, 681 and 790 of CIC/1983, has gone a long way to dissipate some of the tensions of the past. However, the true nature of how the contractual relationship between ecclesiastical entities, including the attendant issues of conceptual understanding, civil status of ecclesiastical entities, resolution of contractual disputes, etc., remains a matter of investigative interest for the canonist. This is, in a nutshell, the substance of this research work. The conclusions arrived at offer the reader an insight into the available untapped resources within the ecclesiastical legal system, as well as some considerable possibilities which remain to be explored to the benefit of the subjects of canon law.
