Bibliographie sélective OHADA

There are many ways of making payments. One of the available options for parties to international commercial transactions is international funds transfers. These transfers occur across borders and so, raise conflict of law issues. There are some laws known internationally that regulate international funds transfers. These laws include the UNCITRAL Model Law on International Credit Transfers (no country has ratified it), article 4A of the Uniform Commercial Code and the Rome I Regulation. There are diverse ways in determining which law applies to an international funds transfer. This is done either by assessing the transaction as a single transfer or as a set of linked transactions. In African countries like Ghana and South Africa, there is a gap in the approach of the law in addressing the conflict of laws issues regarding international funds transfers. This dissertation addresses the gap in these legal regimes using the present private international law as a guide. Additionally, the present legislation and legal jurisprudence are analysed, and suggestions are given as to its improvement. This author also advocates for a legislation that adequately addresses the issues raised by transnational funds transfers in these countries. Conclusively, this will promote a predictable approach in determining the applicable law in transnational funds transfers.