OHADA textbook on the OHADA writ of execution by Mr. ILBOUDO W. Justin, business lawyer
- 22/01/2012
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The enforcement measures under the Organization for the Harmonization of Business Law in Africa (OHADA) have organized the regime of a writ of execution in order to make it more important. The best criterion to show the value of this writ is its effectiveness in helping creditors to recover their due rights.
While examining OHADA provisions and case law relating to debt recovery, restitution or delivery of personal property, the writ of execution has achieved a lot. It allows stronger preventive and execution measures that finally force the debtor to give back what is adjudged to be due to the creditor.
However, some exceptions, resistance and difficulties may stop the course of execution and prevent an enforceable right to fully succeed. These measures should be removed from OHADA provisions. Even more the authority of the Common Court of Justice and Arbitration (CCJA) which is above State tribunals should be more effective and solid measures should be implemented to make safe the recovery procedures.
Key words: writ of execution, debt, seizure, enforcement measures, payment, bailiff
The Author:
ILBOUDO W. Justin, business lawyer
Email:
ilboudow.justin@yahoo.fr
Tel.: +225 09 38 27 99
27 BP 884 Abidjan 27 Ivory Coast
Publisher: Les Editions Universitaires Européennes
http://www.editions-ue.com/
Price: 59€
To get the book:
www.morebooks.de
The enforcement measures under the Organization for the Harmonization of Business Law in Africa (OHADA) have organized the regime of a writ of execution in order to make it more important. The best criterion to show the value of this writ is its effectiveness in helping creditors to recover their due rights.
While examining OHADA provisions and case law relating to debt recovery, restitution or delivery of personal property, the writ of execution has achieved a lot. It allows stronger preventive and execution measures that finally force the debtor to give back what is adjudged to be due to the creditor.
However, some exceptions, resistance and difficulties may stop the course of execution and prevent an enforceable right to fully succeed. These measures should be removed from OHADA provisions. Even more the authority of the Common Court of Justice and Arbitration (CCJA) which is above State tribunals should be more effective and solid measures should be implemented to make safe the recovery procedures.
Key words: writ of execution, debt, seizure, enforcement measures, payment, bailiff
The Author: ILBOUDO W. Justin, business lawyer
Email: ilboudow.justin@yahoo.fr
Tel.: +225 09 38 27 99
27 BP 884 Abidjan 27 Ivory Coast
Publisher: Les Editions Universitaires Européennes http://www.editions-ue.com/
Price: 59€
To get the book: www.morebooks.de