By Boris Martor, Nanette Pilkington, David S Sellers, Sebastien Thouvenot
Felony harmonization is a vital step to encouraging overseas funding in Africa and the advance of sustainable pan-African exchange. Now in a completely up to date second variation, enterprise legislations in Africa explains the recent approach of legislation, now being constructed and promoted through the association for the Harmonization of commercial legislations in Africa. OHADA's crucial target is to advertise fiscal integration and improvement through making a safe criminal framework for the behavior of industrial in Africa. in an effort to accomplish that goal, OHADA has enacted a few legislation, referred to as Uniform Acts, on numerous elements of industrial legislations together with advertisement and corporate legislation, insolvency, securities and arbitration. those Uniform Acts are at once acceptable all through OHADA's member states and the goal is to recruit additional individuals and to unfold the rules of OHADA throughout Africa. This authoritative publication deals an summary of the goals and achievements of the OHADA method and explains intensive the laws that has been issued thus far.
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056/2005 dated 15 December 2005 according to which a lease granted to a political party cannot be assimilated to a commercial lease because the activity of a political party does not qualify as a commercial, industrial or professional activity. 36 Article 74. 37 This provision is mandatory and therefore cannot be derogated from by contract. However, given that Articles 73 and 74 may be derogated from, it appears that it is only the possibility for the lessee to apply for a court order that is mandatory, but not the bearing of the cost of the works by the lessor in cases where this has been excluded by contract.
However, given that Articles 73 and 74 may be derogated from, it appears that it is only the possibility for the lessee to apply for a court order that is mandatory, but not the bearing of the cost of the works by the lessor in cases where this has been excluded by contract. 3. Lessee’s obligations None of the provisions of the Uniform Act concerning the obligations of the lessee are mandatory, and the parties are therefore free to negotiate such obligations as they wish. 4. Determination of the rent The rent is decided freely between the parties, unless any applicable national legislation provides otherwise.
59 The lessor may only object to the assignment for serious and legitimate reasons, such as 53 Article 93. 54 Article 101. For an interpretation of this article, see CCJA Judgments Nos. 006/2003 dated 24 April 2003 and 011/2004 dated 26 February 2004, according to which reference should be made to the applicable national law to determine what procedure should be followed for service of the formal request and which court has jurisdiction to order a termination of the lease. 55 Articles 78 and 79.
Business Law in Africa: Ohada and the Harmonization Process (Global Market Briefings) by Boris Martor, Nanette Pilkington, David S Sellers, Sebastien Thouvenot