The role of the Court Registrar in the Implementation of OHADA Laws E-Book

Achancho Ojogho

• Herausgeber: GRIN Verlag
• Sprache: Englisch

Veröffentlichungsjahr: 2025

Beschreibung

Master's Thesis from the year 2025 in the subject African Studies - Culture and Applied Geography, grade: Good, , course: Business law, language: English, abstract: OHADA is a system of business law uniform across 17 west and central African countries. The ultimate goal of the Treaty was to provide its member states with a modern, western style set of business laws thus, making these states more attractive to foreign investors. This supranational organization currently has nine (9) statutes called Uniform Acts which focus exclusively on business matters ; the formation, the operation and dissolution of business entities and, the formation, performance and enforcement of business transactions. Thus it is aimed at accelerating the process of integration in the continent so as to enable it play its rightful role of global economy and addressing its multifaceted socio-economic and political problems. So, OHADA’s main objective is to remedy legal and judicial insecurity that prevails in business law. In addition to the main objective, OHADA also has as goal to promote the system of arbitration as a speedy and discreet instrument of settlement of commercial disputes as well as improving the training of judges and auxiliary officer of justice. This can only be achieved with the establishment of a strong and independent court system in the national courts that can ensure the proper application of OHADA law and an efficient settlement of dispute in west and central Africa. It is therefore the duty of the judge to guaranty the interpretation of laws so as to ensure the direct and obligatory application of the Uniform Act in the various member states and their supranational position. Nevertheless, where there is a judge, there is a court registrar. This paper therefore seeks to situate the position and role of the registrar in the implementation of OHADA law which is not sufficiently highlighted by the legislator. To examine its competences during contentious and non-contentious matters, its recognition at the national and international level, its role in the execution of court decisions, the formation, the operation and dissolution of the business entities and during business transactions as far as OHADA law are concerned.