ORGANIZATION FOR THE HARMONIZATION
OF BUSINESS LAW IN AFRICA
Benin Burkina Faso Cameroon RCA Comores Congo Ivory Coast Niger Senegal Guinée Conakry Equatorial Guinee Mali Gabon Guinée Bissau Democratic Republic of Congo Chad Togo

International symposium organized by ERSUMA and OHADA Jurist IUD Paris 2 - Paris 13

Theme: The draft Uniform Act on general contract law in OHADA space: guiding principles, innovations and prospects
Date: 11th July 2016
Venue: ERSUMA, Porto Novo, Republic of Benin  

In April 2001, the Council of Ministers of OHADA authorized the preparation of a Uniform Act on contract law. A draft Uniform Act proposed by Marcel Fontaine based on UNIDROIT principles of contract was rejected by almost all the OHADA national commissions.

Various solutions have since then been proposed to revive the contract law harmonization project. Symposiums have been organized, namely in Libreville in 2011 by ERSUMA and in June 2015 by the OHADA Jurist Inter University Diploma (IUD) Paris 2 – Paris 13 at the Faculty of Law and Political Science of the University of Dschang, Cameroon. Opinions were divided between a special contract law and a general business contract law. The idea of a framework law on contracts also came up within the OHADA organs. The real challenge is to delimit the scope of a Uniform Act on contract law.

At the time everyone thought the project has been abandoned, the Foundation for Continental Law revived the debate by publishing a more ambitious draft uniform law on general contract law. This law, drafted by “African academics” is impressive given its wider scope. 

Indeed, instead of restricting itself to contract law the harmonization of which was decided by the Council of Ministers of OHADA, the proposed text deals broadly with the law of obligations. It could in this respect, give rise to new controversial issues. The text nevertheless deserves to be known and to be scientifically discussed. 

The purpose of the symposium organized by ERSUMA and the OHADA Jurist IUD Paris 2- Paris 13 in Porto Novo, Benin on July 11, 2016 is to spark a scientific debate on the guiding principles of the proposed text, its key innovations and its feasibility.

The scientific committee is composed of Professors Marie Goré and Alain Ghozi of the University of Paris 2 Panthéon-Assas, Cyril Grimaldi of the University of Paris 13 and Henri Désiré Modi Koko Bebey of the University of Dschang who are all speakers at the symposium alongside other African academics such as:

  • Joseph Djogbenou, Professor, University of Abomey-Calavi, Minister of Justice and Legislation, Republic of Benin
  • Alain Ghozi, Professor Emeritus, University of Paris 2
  • Marie Goré, Professor, University of Paris 2
  • Cyril Grimaldi, Professor, University of Paris 13
  • Akuété Pedro Santos, Professor, University of Lomé (Honorary Dean) 
  • François Kuassi Deckon, Dean of Law Faculty, Lomé 
  • Achille Ngwanza, Doctor of Law, Associate Lecturer, consultant in Paris
  • Henri Modi Koko Bebey, Professor, University of Dschang,
  • Désiré Médard Backidi, Interim Director General of ERSUMA.

PROVISIONAL PROGRAMME 

8:30 – 9AM: OPENING OF SYMPOSIUM 

9:10 – 9:20AM: OPENING SPEECH: SUBSTANTIVE SCOPE AND GUIDING PRINCIPLES 

9:20 – 11AM – ROUND TABLE 1 : SOURCES OF OBLIGATIONS

1. CONTRACT FORMATION 

2. EFFECTS OF CONTRACTS 

3. REPARABLE DAMAGES 

4. LIMITING AND EXONERATING CLAUSES 

11AM-11:25 AM – COFFEE BREAK

11:30 – 1PM – ROUND TABLE 2 : REGULATORY FRAMEWORK ON OBLIGATIONS 

1. RIGHT TO EXECUTION 

2. PROOF OF OBLIGATIONS 

3. ASSIGNMENT OF OBLIGATIONS 

4. TIME LIMITATION 

1PM – 2:45PM – LAUNCH BREAK 

3PM – 4:30PM – ROUND TABLE 3: CONFLICTS OF LAWS 

1. APPLICABLE LAW ON SOURCES OF OBLIGATIONS 

2. CONFLICTS OF LAWS RELATING TO THE GENERAL LAW ON OBLIGATIONS 

5PM – SUMMARY REPORT AND CLOSING CEREMONY 

CONTACTS:

1. Registration (free)* at ERSUMA: contact Mrs Honou Mireille at This email address is being protected from spambots. You need JavaScript enabled to view it.  or Dr Karel Osiris Dogué at This email address is being protected from spambots. You need JavaScript enabled to view it. 

2. Scientific contributions: contact Prof. Modi Koko Bebey at This email address is being protected from spambots. You need JavaScript enabled to view it.  

* There shall be a participation fee of CFAF 25 000, payable at ERSUMA for coffee-breaks. A participation certificate may be issued by ERSUMA. 

 

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