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Author : Jean Gatsi
Publisher : Presses univresitaires d'Afr
ISBN 13 : 995644409X
Total Pages : 323 pages
Book Rating : 4.9/5 (564 download)
Download or read book L'effectivité du droit de l'OHADA written by Jean Gatsi and published by Presses univresitaires d'Afr. This book was released on 2006 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Boris Martor
Publisher : Kogan Page Publishers
ISBN 13 : 9780749439095
Total Pages : 404 pages
Book Rating : 4.4/5 (39 download)
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
Author : Amnon Lehavi
Publisher : Cambridge University Press
ISBN 13 : 1108587372
Total Pages : 301 pages
Book Rating : 4.1/5 (85 download)
Download or read book Property Law in a Globalizing World written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2019-01-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.
Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 785 pages
Book Rating : 4.3/5 (191 download)
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author : Mahutodji Jimmy Vital Kodo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403509813
Total Pages : 304 pages
Book Rating : 4.4/5 (35 download)
Download or read book Arbitration in Africa under OHADA Rules written by Mahutodji Jimmy Vital Kodo and published by Kluwer Law International B.V.. This book was released on 2020-09-17 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased international investment in African countries over recent decades has called for a harmonized legal environment across borders creating, inter alia, a modern arbitration system. The 1993 Treaty establishing the Organization for the Harmonization of Business Law in Africa (OHADA) took a giant step toward meeting this need and improved and consolidated its achievements with major arbitration-related revisions enacted in 2017 that came into force in 2018. This book, the first methodical analysis in English, describes in great detail the two distinct arbitration regimes—ad hoc and institutional—that characterize the system, equipping practitioners with everything they need to know to conduct arbitral proceedings efficiently in any of the OHADA’s seventeen Member States. OHADA’s dual arbitration system manifests best practices and the core principles of international arbitration. Its specific features, including the following, are thoroughly analyzed in the book: ad hoc and institutional arbitration under the Uniform Act on Arbitration (UAA) and institutional arbitration administered by the Common Court of Justice and Arbitration under its Regulations on Arbitration (CCJA Arbitration Rules); implementation of these instruments by the courts of the Member States and the CCJA; types of persons who can resort to arbitration under the two arbitration regimes, including natural and legal persons and State Parties to the Treaty; types of disputes likely to be resolved by arbitration under the two arbitration regimes, including contractual and investment-related disputes; acceptance and validity of the arbitration agreement; remedies and recourse against arbitral awards; and effects of arbitration agreements, including foreign recognition and enforcement. Throughout the book, the author cites cases and precedents of the CCJA as well as relevant decisions of lower courts. Also, the author has thoroughly revised and improved English translations of essential primary material which are included in the Appendices. Over the past twenty years, the OHADA arbitration framework has been tried and tested in proceedings before arbitral tribunals, Member States’ courts and the CCJA, as well as courts in Western countries in the context of enforcement proceedings. With this book, advisors and representatives of parties in the OHADA Member States will approach any relevant arbitration matter with full awareness of applicable rules of procedure. The book, a highly welcome bridge that connects the rest of the world with OHADA, will become an indispensable guide for arbitrators, counsels to parties, in-house counsels, government and State-owned entities, and academics in international arbitration.
Author : Philippe Fouchard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041110259
Total Pages : 1320 pages
Book Rating : 4.0/5 (411 download)
Download or read book Fouchard, Gaillard, Goldman on International Commercial Arbitration written by Philippe Fouchard and published by Kluwer Law International B.V.. This book was released on 1999-09-02 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
Author :
Publisher :
ISBN 13 :
Total Pages : 998 pages
Book Rating : 4.F/5 ( download)
Download or read book Revue de droit uniforme written by and published by . This book was released on 2004 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Salvatore Mancuso
Publisher : BRILL
ISBN 13 : 9004685472
Total Pages : 345 pages
Book Rating : 4.0/5 (46 download)
Download or read book African Law(s) written by Salvatore Mancuso and published by BRILL. This book was released on 2023-09-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Author : Michèle Schmiegelow
Publisher : Springer
ISBN 13 : 3642546609
Total Pages : 490 pages
Book Rating : 4.6/5 (425 download)
Download or read book Institutional Competition between Common Law and Civil Law written by Michèle Schmiegelow and published by Springer. This book was released on 2014-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Author : Justin Monsenepwo
Publisher : Mohr Siebeck
ISBN 13 : 3161612825
Total Pages : 450 pages
Book Rating : 4.1/5 (616 download)
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:
Author : Thomas John
Publisher : Edward Elgar Publishing
ISBN 13 : 180392456X
Total Pages : 557 pages
Book Rating : 4.8/5 (39 download)
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.
Author : Emile K.M. Yakpo
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041112187
Total Pages : 844 pages
Book Rating : 4.1/5 (121 download)
Download or read book Liber Amicorum written by Emile K.M. Yakpo and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" was written by prominent colleagues and friends of the President of the International Court of Justice, Judge Mohammed Bedjaoui, in honour of his 70th birthday and in celebration of a lifelong career devoted to the promotion of international law. The contributors are, each and every one, the most outstanding professors and thinkers in their field, and the range of topics reflects a broad scope of current thought and theory in international law. The book is divided into a general introductory part on the life and times of Judge Bedjaoui, followed by four sections. Section One is on General International Law, featuring a range of articles from environmental treaties to the role of the United Nations. Section Two is devoted to the International Court of Justice and includes analyses of the role and procedure of the ICJ. Section Three contains an interesting selection of articles in the field of Human Rights, from self-determination to the concept of universality. Section Four addresses a miscellanea of international legal questions, especially those related to international organizations. The contributions are in both English and French.
Author : Stéphanie Rohlfing-Dijoux
Publisher : Peter Lang
ISBN 13 : 2807601278
Total Pages : 448 pages
Book Rating : 4.8/5 (76 download)
Download or read book Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers / L’abolition des barrières commerciales et tarifaires dans la région de l’Océan indien written by Stéphanie Rohlfing-Dijoux and published by Peter Lang. This book was released on 2016-12-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is related to the development of intraregional commercial exchanges in the region of the Indian Ocean. This issue is addressed from an economic as well as from a legal point of view. The contributions, in English and French, aim to present an overview of the economic, customs-related, technical, legal and cultural restraints that hinder the creation of a free trading area. Cet ouvrage est consacré au développement des échanges commerciaux intrarégionaux dans la région de l’Océan Indien. Cette question est examinée sous un angle politique, économique et juridique. Les différentes contributions, en anglais et en français, visent à établir un état des lieux des freins économiques, douaniers, techniques, juridiques et culturels à la création d’un espace de libre échange.
Author : W. Paatii Ofosu-Amaah
Publisher : World Bank Publications
ISBN 13 : 9780821347669
Total Pages : 94 pages
Book Rating : 4.3/5 (476 download)
Download or read book Reforming Business-related Laws to Promote Private Sector Development written by W. Paatii Ofosu-Amaah and published by World Bank Publications. This book was released on 2000-01-01 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: An appropriate legal and regulatory framework is essential for good government and progress in any country and essential in any private sector development programme. This study describes legal reform programmes in African countries, including an evaluation of such programmes in the post-independence era in civil and common law countries.
Author : Martha Simo Tumnde
Publisher : GMB Publishing, Limited
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)
Download or read book Unified Business Laws for Africa written by Martha Simo Tumnde and published by GMB Publishing, Limited. This book was released on 2009 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Harmonization in Africa of Business Laws (OHADA) system has been adopted by 17 West African nations in order to increase their attractiveness to foreign investors and business partners. This book introduces OHADA laws to common-law trained, English-speaking jurists with clients in West or Central Africa.
Author : Dennis Faber
Publisher : OUP Oxford
ISBN 13 : 0191630918
Total Pages : 1351 pages
Book Rating : 4.1/5 (916 download)
Download or read book Commencement of Insolvency Proceedings written by Dennis Faber and published by OUP Oxford. This book was released on 2012-03-29 with total page 1351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
Author : Vicente, Dário M.
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905818
Total Pages : 496 pages
Book Rating : 4.7/5 (899 download)
Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
