University of Goma/Kivu (DRC) OHADA Club Science Day, September 17, 2022
Goma University OHADA Club press release
A review and biopsy of the implementation of OHADA community standards in the light of 10 years of DRC membership in this integration space. Game state and outlook
1. Background and rationale
The creation of OHADA responded to an economic imperative in the context of the generalized recession of the continent’s economies: to make markets more attractive, companies more competitive, and thus restore an environment of confidence favorable to investment, thus creating a new pole. Development in Africa. To achieve this, it was necessary to introduce a harmonized, simple, modern business law adapted to the situation of African economies, accompanied by an improved system for the management of business disputes.
In order to carry out the mission entrusted to it by the African Heads of State, OHADA has, over the past two decades, acquired operational institutions whose framework was strengthened during the October 17, 2008 revision of the Constituent Agreement. As for the regulatory arsenal, it now has ten single acts, some of which have already been updated to take into account the requirements of international trade. New areas and methods of legal adaptation are being explored in order to respond more appropriately to the legal needs of economic subjects.
On February 5, 2010, the Congolese Supreme Court, sitting on unconstitutional issues, declared the Treaty of the Organization for the Harmonization of Business Law in Africa, better known by its acronym OHADA, constitutional. With that, on February 11, 2010, the law authorizing OHADA membership was promulgated, and on July 13, 2012, DRC’s accession documents were deposited with the Government of Senegal, the State Depositary of the Treaty of Port Louis. Two months after the deposit of these documents, that is, on September 12, 2012, the Treaty and its annexed uniform acts entered into force in the DRC. Thus, 12 September 2012 is the date chosen for the entry into force of OHADA in the DRC under Article 52 of the OHADA Treaty.
It is in this perspective and on the eve of the tenth anniversary of DRC’s accession to OHADA that the OHADA Club of the University of Goma has proposed to organize a scientific day on September 17, 2022. “Effectiveness of the OHADA Act” it is understood that the said right is widely applied in the countries that are parties to the Treaty of Port Louis, of which the Congo is an integral part.
- Moderator: PhD student Diane Gakuru
- Teacher Phidias Senga – Presentation of the philosophy of reflection of the scientific day
- PhD student Eric KATUSELE BAYONGI – Conflict of Laws and Jurisdictions in the OHADA Space
- Head of Affairs UWIMANA benefit – OHADA Act and Congo Mining Act
- helper MBAZI Grace Beda – OHADA’s criminal law, the myth of Sisyphus: what about the DRC’s legal certainty 10 years after its accession to OHADA?
- helper Frank SHUKURU – Free speech on provisional enforcement of right and order in light of DRC’s accession to OHADA
After a discussion with the participants, the day ended.
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