Ohada Law Countries vs. The 1980 Vienna Sales Convention
17 Pages Posted: 4 Apr 2015
Date Written: April 3, 2015
Disparities in national laws are likely to result in uncertainty which, in turn, create obstacles in international commerce. In effect, it is acknowledged that a strong investment cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise business law internationally. To this end, they adopted the Vienna sales Convention (‘the CISG’), in 1980. The CISG has led a number of countries, including African OHADA law states, to modernise their local sales law. However, only three of seventeen countries that form the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences on commerce in the OHADA region. So, this paper intends to demonstrate that the lack of ratification of a universal convention, as for example the CISG, is dangerous for commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the kind of the OHADA Commercial Uniform Act. It ends then with a statement that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends it for ratification.
Keywords: Business law harmonisation, CISG, commercial uniform act, OHADA law, uniform sales law
JEL Classification: K29
Suggested Citation: Suggested Citation