OHADA's Proposed Uniform Act on Contract Law

13:3-4 European Journal of Law Reform 462 (2011)

Tulane Public Law Research Paper No. 2094568

17 Pages Posted: 27 Jun 2012  

Claire Moore Dickerson

Tulane University - Law School

Date Written: 2011

Abstract

The draft uniform act on contracts proposed for adoption by the Organization for the Harmonization of Business Laws in Africa ("OHADA") is a combination of continental and common-law concepts. To be effective in parts of the world where the informal sector is particularly important, for example in the 16 West and Central African states where OHADA currently operates, contract law must be particularly attentive to avoiding traps for the unwary. For this reason, enforcing gratuitous contracts may well be defensible, but requiring registration of commercial actors is not. The complexity of two OHADA laws applicable to contracts, however, increases the risk that law and norms will not overlap, creating just such a trap.

Keywords: contracts, comparative law, norms

Suggested Citation

Dickerson, Claire Moore, OHADA's Proposed Uniform Act on Contract Law (2011). 13:3-4 European Journal of Law Reform 462 (2011); Tulane Public Law Research Paper No. 2094568. Available at SSRN: https://ssrn.com/abstract=2094568

Claire Moore Dickerson (Contact Author)

Tulane University - Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States

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