OHADA is a system of business law uniform across 17 west and central African countries. The ultimate goal of the Treaty was to provide its member states with a modern, western style set of business laws thus, making these states more attractive to foreign investors. This supranational organization currently has nine (9) statutes called Uniform Acts which focus exclusively on business matters ; the formation, the operation and dissolution of business entities and, the formation, performance and enforcement of business transactions. Thus it is aimed at accelerating the process of integration in the continent so as to enable it play its rightful role of global economy and addressing its multifaceted socio-economic and political problems. So, OHADA’s main objective is to remedy legal and judicial insecurity that prevails in business law. In addition to the main objective, OHADA also has as goal to promote the system of arbitration as a speedy and discreet instrument of settlement of commercial disputes as well as improving the training of judges and auxiliary officer of justice. This can only be achieved with the establishment of a strong and independent court system in the national courts that can ensure the proper application of OHADA law and an efficient settlement of dispute in west and central Africa. It is therefore the duty of the judge to guaranty the interpretation of laws so as to ensure the direct and obligatory application of the Uniform Act in the various member states and their supranational position.
Nevertheless, where there is a judge, there is a court registrar. This paper therefore seeks to situate the position and role of the registrar in the implementation of OHADA law which is not sufficiently highlighted by the legislator.
To examine its competences during contentious and non-contentious matters, its recognition at the national and international level, its role in the execution of court decisions, the formation, the operation and dissolution of the business entities and during business transactions as far as OHADA law are concerned.
Inhaltsverzeichnis (Table of Contents)
- Chapter 1: Introduction
- Chapter 2: OHADA's Objectives and Goals
- Chapter 3: The Role of the Court Registrar in OHADA Law Implementation
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research aims to clarify the position and role of the court registrar in the implementation of OHADA law, an aspect not sufficiently addressed by the legislator. The study examines the registrar's competences in both contentious and non-contentious matters, their recognition nationally and internationally, and their role in executing court decisions and business transactions under OHADA law.
- The role and responsibilities of court registrars within the OHADA legal framework.
- The impact of court registrars on the efficiency and effectiveness of OHADA's dispute resolution mechanisms.
- The legal framework governing the competencies and authority of court registrars within OHADA member states.
- The challenges faced by court registrars in implementing OHADA law.
- Recommendations for improving the role and effectiveness of court registrars in the OHADA system.
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter 1: Introduction: This introductory chapter sets the stage for the research by providing background information on OHADA, a system of uniform business law across 17 West and Central African countries. It highlights OHADA's objectives of modernizing business law to attract foreign investment and promoting integration within the continent. The chapter then introduces the central focus of the research: the often-overlooked role of the court registrar in OHADA's implementation and the need for a more thorough examination of their functions and significance.
Chapter 2: OHADA's Objectives and Goals: This chapter delves into the core objectives and goals of the OHADA system. It discusses OHADA's aim to address legal and judicial insecurity in business law by establishing a modern, Western-style legal framework. The chapter emphasizes OHADA's promotion of arbitration as a speedy dispute resolution method and its focus on improving the training of judges and judicial officers to ensure the consistent application of OHADA law. The importance of a strong and independent court system in ensuring the effective implementation of OHADA is also highlighted, setting the context for the crucial role of the court registrar within this framework.
Chapter 3: The Role of the Court Registrar in OHADA Law Implementation: This chapter forms the core of the research, examining the position and functions of the court registrar in implementing OHADA law. It analyzes the registrar's competences in both contentious and non-contentious matters, focusing on their involvement in various stages of legal proceedings and business transactions. The chapter assesses the registrar's recognition at national and international levels and explores their crucial role in executing court decisions, thereby contributing significantly to the overall effectiveness and efficiency of the OHADA system. The detailed analysis encompasses the registrars' involvement in the formation, operation, and dissolution of business entities and their participation in business transactions under OHADA law. This chapter is expected to provide detailed insights into the registrar's responsibilities and authority within the context of OHADA, addressing an area of the legal system previously lacking in in-depth analysis.
Schlüsselwörter (Keywords)
OHADA, court registrar, business law, uniform acts, dispute resolution, arbitration, West and Central Africa, legal implementation, judicial efficiency, contentious matters, non-contentious matters, legal framework.
Frequently asked questions
What is the main topic of this document?
This document provides a comprehensive overview of research focusing on the role of the court registrar in the implementation of OHADA law, a uniform business law system in 17 West and Central African countries.
What are the main objectives of the research?
The research aims to clarify the position and role of the court registrar in the implementation of OHADA law, examining their competences in contentious and non-contentious matters, their recognition nationally and internationally, and their role in executing court decisions and business transactions under OHADA law.
What are the key themes explored in the research?
The key themes include: the role and responsibilities of court registrars within the OHADA legal framework; the impact of court registrars on the efficiency and effectiveness of OHADA's dispute resolution mechanisms; the legal framework governing the competencies and authority of court registrars within OHADA member states; the challenges faced by court registrars in implementing OHADA law; and recommendations for improving the role and effectiveness of court registrars in the OHADA system.
What is OHADA?
OHADA is a system of uniform business law across 17 West and Central African countries, designed to modernize business law, attract foreign investment, and promote integration within the continent.
What are some of OHADA's key objectives and goals?
OHADA aims to address legal and judicial insecurity in business law by establishing a modern legal framework, promoting arbitration for dispute resolution, and improving the training of judges and judicial officers to ensure consistent application of OHADA law.
What are the primary responsibilities of the court registrar under OHADA law?
The court registrar's responsibilities include handling both contentious and non-contentious matters, participating in various stages of legal proceedings and business transactions, executing court decisions, and playing a key role in the formation, operation, and dissolution of business entities.
What keywords are associated with this research?
The keywords include: OHADA, court registrar, business law, uniform acts, dispute resolution, arbitration, West and Central Africa, legal implementation, judicial efficiency, contentious matters, non-contentious matters, legal framework.
What does Chapter 1, "Introduction", cover?
Chapter 1 provides background information on OHADA, its objectives, and introduces the research focus: the role of the court registrar and the need for a thorough examination of their functions.
What does Chapter 2, "OHADA's Objectives and Goals", cover?
Chapter 2 delves into the core objectives and goals of the OHADA system, including its aim to address legal insecurity, promote arbitration, and improve judicial training.
What does Chapter 3, "The Role of the Court Registrar in OHADA Law Implementation", cover?
Chapter 3 examines the position and functions of the court registrar in implementing OHADA law, analyzing their competences in various matters, their recognition, and their role in executing court decisions and business transactions.
- Quote paper
- Achancho Ojogho (Author), 2025, The role of the Court Registrar in the Implementation of OHADA Laws, Munich, GRIN Verlag, https://www.grin.com/document/1571279
