Recent publications on OHADA law
- No comment
We are pleased to bring to your attention the recent OHADA books available for sale at the LGDJ Bookstore.
Enforcement procedures in the OHADA space – The case of Cameroon
Author : Abel Minko Minko
This book examines the reason for and the course of the forced execution of enforceable titles and protective measures under the prism of the Uniform Act organizing simplified recovery procedures and enforcement procedures.
This study comments on the legal instrument in question and the reception given to it by Cameroonian positive law, and offers constructive suggestions on the organization and functioning of Cameroonian justice.
Non-hierarchical magistrate first group, Abel Minko Minko is currently Secretary of the Superior Council of the Judiciary, a function which he combines with that of Advisor to the Supreme Court of Cameroon. His professional career has led him into more than one pool of litigation for the enforcement of court decisions.
Find out more: https://www.lgdj.fr/les-voies-d-execution-dans-l-espace-ohada-9782140309724.html
The third party in the means of execution OHADA – Reflection on art. 38 AUPSRVE
Author : Francis by Paul Ipanda
This book is a questioning of the definition that the law of obligations traditionally gives to the notion of “third party”. It is indeed unable to account for the activity of this character in the field of execution. It is by resorting to comparative law that it is possible to have a relatively exact idea of the concept. Public law therefore offers the interpreter an inescapable field of investigation.
Administrative law has, for a very long time, brought to light a jurisprudential theory known as “occasional collaborators in the public service” which must be explored. It is this theory that is interested in all those who, without being permanent or contractual public officials of the State, nevertheless participate in an activity of general interest, either spontaneously or by virtue of a requisition.
The book shows that it is in this particular category of agents that a third of OHADA enforcement procedures are integrated. This insofar as the execution is a public service par excellence, it must be possible to admit without risk of being mistaken that the active third party of article 38 of the AUPSRVE is an occasional collaborator of the public service of justice.
Francis by Paul Ipanda is a Doctor/PhD in business law from the University of Yaoundé II. Lawyer at the Cameroon Bar and teacher, he is the editor-in-chief of the Cameroon Business Law Review (RCDA).
Find out more: https://www.lgdj.fr/le-tiers-dans-les-voies-d-execution-ohada-9782140310713.html
Leasing and financing law – Prospective OHADA Uniform Act and taxation
Author : Guy Pascal Ngoma Phanzu
OHADA does not organize a body of rules specific to leasing in English. Its uniform act on commercial law plans to register it in the register of commerce and personal property credit. In Cameroon (2010), Senegal (2011), Burkina Faso (2017) and DR Congo (2015), national parliaments have taken over legislative action on the issue. However, cross-border leasing contracts run the risk of disparities in regimes in the OHADA space.
Business dynamics demand the simplification and standardization of applicable texts with the objective of legal certainty. This book analyzes the existing situation and proposes a uniform act relating to the leasing of lege ferenda.
However, tax regimes are expected to accompany such an institution of commercial contract law. The operationalization of its technique brings financing and innovative investments in favor of business life. However, taxation does not come under the law of the OHADA treaty. There is therefore a risk of international double taxation for cross-border leasing.
This book explores and suggests the possible use of tax treaties, suitable for members of the community of states and others.
Guy Pascal Ngoma Phanzu holds a doctorate in law from the University of Kinshasa (2021). He has been a lawyer at the Kinshasa/Matete bar since 2010 and as such coordinator of the firm GPN et Associés, patented in new methods of transmitting knowledge through the competency-based approach (Montreal, 2012). He is an associate professor at the UPC in Kinshasa and a visitor at the President Kasa-Vubu University in Boma as well as at the Kinshasa School of Management (ESMK) and at the University of Kikwit.
Find out more: https://www.lgdj.fr/credit-bail-et-droit-du- financement-9782140298622.html
Real estate foreclosure in the OHADA area (Updated CCIA case law)
Authors: Paul-Gerard Pougoue, Faithful Teppi Kolloko
Publisher: African University Press
The work on “Foreclosure in space” is in its 4th edition, 6 years after the 3rd edition published in 2016 An update was absolutely necessary. It is now done with the present edition whose singular density abounds in several particularities. The authors of the book wanted, for pedagogical and didactic reasons, to maintain its structure. In a simple and sufficiently digestible style, punctuated with precision and clarity, the work addresses the issue in its various forms, highlighting its particularities in the context of collective proceedings for the clearance of liabilities and the influence of securities and family property rights on the implementation of the procedure.
Sufficiently and abundantly illustrated with doctrinal and jurisprudential analyses, the work integrates all the questions posed before the courts in respect of the incidents and provides, for each of them, the response of the CCJA in its updated version, taking care to highlight, whenever necessary, new jurisprudential orientations. Valuable tool for the Lawyer, the Magistrate, the Judicial Officer, banking and microfinance lawyers, academics and students, it is enriched with models of procedural acts allowing its user, beyond the theoretical developments and case law, to feed on the twists and turns of this procedure, which is not always within everyone’s reach.
This edition completes to let itself be seduced by its appendices, made up among others of an extract of the uniform Act on the simplified Procedures of Collection and the means of execution and the national texts in connection with the procedure of seizure of real estate; but above all an important set of judgments highlighting the jurisprudential tendencies of the CCJA in matters of foreclosure and the consultation of which allows each actor to have at hand, in real time, the jurisprudential reference of the highest Community jurisdiction on a given matter.
The authors do not content themselves with exposing, they criticize, courageously take a stand and propose concrete solutions. It is up to the user to make good use of it, taking care to adapt it, when implementing the procedure, to the internal judicial organization of the State in question.
Paul-Gerard PougoueAgrégé of the Faculties of Law, is Professor Emeritus out of scale and medal of honor of OHADA.
Faithful Teppi Kolloko, Doctor/PHD in Private Law, is a lawyer at the Cameroon Bar. A trainer in OHADA law, he also teaches in various university institutions.
Find out more: https://www.lgdj.fr/la-saisie-immobiliere-dans-l-espace-ohada-9789956532261.html
For more information or any order, you can contact :
Mrs. Claire DUPASQUIER
Email: [email protected]