Résultat 1 ressource
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Seventeen African states created in 1993 in Port-Louis the Organization for Harmonization in Africa of Business Law (OHADA) and thus embarked on a daring process of legal integration to guarantee in their space the legal and judicial security to build a broad common market for the achievement of major economic progress. To this end, Uniform Acts (uniform rules in certain business law matters) applicable directly in all member states have been adopted. Similarly, a Com mon Court of Justice and Arbitration (CCJA), a supranational court of cassation with jurisdiction over the interpretation and application of the Uniform Acts, has been created, which is undoubt edly a great innovation and indeed a real step to law and judicial integration. However, this effort to unify the substantive law and guarantee the unity of application and interpretation of the Uni form Acts by the CCJA does not go hand in hand with the creation of favourable conditions for the circulation of decisions taken by the substantive national courts of member States. Thus, in order to obtain the execution of a decision taken by the court of an OHADA state in another OHADA State, it is generally necessary to obtain an exequatur. However, the conditions of the exequatur are not only disparate, but generally demanding, leaving clear the existence of mistrust in a process of legal integration, which is antinomic. But this evil is also a good, because the requirement of the exequatur will allow to control the decisions of the jurisdictions of the Member states whose justice is not total worth of trust. In total and in analysis, the OHADA integration process cannot fully succeed without judicial integration. It is therefore necessary to set new, re quired objectives that involve harmonizing the rules of procedure and the rules of private inter national law and committing to respect the fundamental human rights.
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Entre 2000 et 2026
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Entre 2010 et 2019
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