Bibliographie sélective OHADA

This article argues that the liability of the carrier is more flexible in OHBLA Transportation Law. It appears from the analysis that the carrier who is under strict or presumed liability may enjoy a large number of exemptions that may be classifiedunder classic and modern defenses on condition to act fairly and honnestly in performing the contract of carriage. The fairness and honnestly are expressed under the good faith principle. The contrary attitude -the performance in bad faith- will be sanctioned by the exclusion from the benefit of the various exemptions. The assessment of this unscrupulous behaviour of the carrier is vested on judges who have to determine in case of claims whether the behaviour constitutes a willful misconduct or a gross negligence. As examiners of the carrier's attitude, judges play a major role in establishing security and justice in contract of carriage. By setting up a flexible liability regime, the OHBLA Uniform Act is seen as a balanced instrument that sets up a compromise between carrier's interests and cargo's interests.

The stability of a cooperative society depends in part on the effectiveness of its leaders. To maintain this efficiency, management actions are always subjected to control by a number of people and structures that have been assigned by the legislature. They have a preventive control (consisting of an alert procedure and management expertise) and accounting control whose main goal remains the search for transparency in the management of social affairs. The guarantee of this transparency is achieved by the various sanctions that threaten managerial leaders in both their personal property and their freedom. This threat will make the cooperative a viable economic entity and also protects the interests of its members.