Model EU and Pattern OHADA? Perspectives of a Mutual Influence in Commercial Law
Edited by Peter Jung

Published in English

This volume contains all the papers presented on the occasion of the 39th conference of the German Society for Comparative Law at the working session of the Section for Comparative Commercial and Business Law. The contributions deal with the mutual influences between the European Union and the Organisation pour l'Harmonisation en Afrique du Droit des Affaires as to commercial law.

While the EU set itself the goal of creating a comprehensive internal market, OHADA focused on the unification of commercial law. Based on an essentially French legal tradition, OHADA was able to go much further in this respect by enacting eleven Uniform Acts relating to principally all aspects of general commercial, company, accounting, securities, insolvency and execution law, as well as arbitration and mediation.

The contributions take a closer look at some of OHADA's Uniform Acts following a comparative approach. As OHADA is for the most part an association of former Belgian, French, German, Portuguese and Spanish colonies, one contribution examines the question whether OHADA's unified business law can also be extended in the future to countries that have not been influenced by Civil Law using Ethiopia's new Commercial Code as an example. The different conditions under which companies can operate in both supranational jurisdictions are also addressed.

Against this background, the more general questions arise how much and which uniform law the players in a uniform market need, how this standardised law can be achieved and what the two most integrated supranational organisations in the world can learn from each other. The answers to these questions are also relevant to the current academic project of a European Business Code.

Survey of contents

Preface

• Matthias Lehmann: From OHADA to the EU: How much uniform law is needed for a single market?
• Paul Bayzelon: Conditions for legal harmonisation in the EU and OHADA
• Gérard Ngoumtsa Anou: General commercial and commercial companies' law in the OHADA and EU
• Seyoum Yohannes Tesfay: The impact of OHADA's Uniform Act relating to General Commercial Law in non-francophone Africa: The case of the Revised Commercial Code of Ethiopia
• Nestor Kouami: The Stakes of Commercial Dispute Resolution in OHADA and EU Legal Frameworks
• Jean Jacques Lecat: Practical Experiences on Implementing OHADA and EU Law

Peter Jung is Professor of Private Law at the University of Basel. https://orcid.org/0009000500426153

• 2026. 102 pages. RuR 107
• ISBN 978-3-16-200020-0
• sewn paper €49.00
• ISBN 978-3-16-200128-3
• DOI 10.1628/978-3-16-200128-3
• eBook PDF €49.00
• Price for libraries: from €98.00

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