Jalons pour un cadre de référence OHADA en droit des contrats
The law of contracts is recognized as the legal crossroad of economic activities. This explains, among other things, the interest of the European, North American and Asian supranational organizations for its harmonization. OHADA is also interested in this legal phenomenon especially with the draft Uniform Act on contract law. Based on this draft, a copy of UNIDROIT Principles, the author lays the foundation of a frame of reference for African contract law. This construction starts with the identification of the key issues of an African contract law. These issues are related to theoretical and practical, economic, legal and extra-legal issues. With these issues identified, the author seeks to make fundamental guidance to OHADA’s legislator and parties to a contract. He then uses these guidelines to propose amendments to the contemporary contractual principles in accordance with the African particularities. The African contractual frame of reference thus outlined is finally confronted with the practice of existing European and North American experiences in order to assess its relevance for a better benefit of African cross-border trade.
OHADA Unification African Contractual Identity Model Law Unification Uniformization Harmonization Common Law Contract Bijuralism Business Contracts Theory of Obligations Africa African contracts