Bibliographie sélective OHADA

The work proposes to investigate the extension of collaboration contracts through traditional tools that rely on the classic contractual model based on exchange and whether these solutions are more suitable for this type of contract. The theory of contracts is to assist in the task of understanding the specifics and the environment of business collaboration contracts and the prospect of terminating the relationship due to the lack of collaboration, based either on default or on the impossibility of the performance itself in the interest of the creditor. In collaboration contracts, collaboration is, by the very definition of these contracts, the main obligation, integral to the core of the contractual object. It is collaboration that is one of the other obligations, allowing the configuration of the common project as a contract. In this type of relationship, the binomial provision and consideration is multifaceted, as are the positions of creditor and debtor. In this context, the study of these collaboration contracts requires a more comprehensive and complex view of the institutes that, originally, were formulated for a tight exchange relationship and for well-defined contractual positions. What we intend to confirm in this research is that the lack of collaboration, in this type of contract, can lead to positive violation or absolute default, which must be determined according to the interest of the creditor which, in corporate contracts, has to do with the economic function, with its own contractual program. Given the difficulty of characterizing a positive breach of the contract or, even more so, absolute default, the investigation also encompasses a broadening of the perspectives of the default itself, to conclude that the performance ultimately serves the interest of the creditor (understood in an amplified position) and can only be read from the economic function of the business. When collaboration between the parties is no longer possible, the specific execution of obligations appears useless and involving.