Compliance between the OHADA unified system of business laws and existing national business laws

• 18/12/2004
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As you all know, the OHADA common business law has precedence over existing national business regulations and the Common Court of Justice and Arbitration (CCJA OHADA) rulings constitute legally binding precedents for all jurisdictions and courts in the OHADA member states. However, the entry into force of the OHADA business law unification reform rendered necessary the adaptation of the existing national business laws with the OHADA common business legal framework. In other words, the two systems, the common one and the national ones, have to be finely tuned to cohabit and be compliant with each other. The engineering of this compliance is a complex operation; in each country, an adaptation work has to be completed at a dual level: the national one and the supranational OHADA one. You will find on your www.ohada.com website a thorough analysis of this complex operation conducted by Professor Joseph ISSA-SAYEGH, Head of the www.ohada.com Scientific Committee, and based on the concrete examples of Senegal, Benin, Chad, Guinea, Ivory Coast, Gabon… This analysis, as yet solely in French, is available at Ohadata D-04-12.