La Nature du Droit OHADA
Authors Etienne Nsie
Affiliations: Maître de Conférences agrégé de droit privé; Faculté de Droit et des Sciences Économiques Université Omar BONGO Libreville – Gabon
Source: Journal of Comparative Law in Africa, Volume 3 Issue 2, p. 1 – 30
The study assumes that OHADA is an organisation of legal integration that cannot be assimilated to an economic integration organisation or a political union. Based on the exegetical method and comparative approach, we conclude that OHADA law is a supranational law which, although not being a community law, produces the same effects. But the study also notes that the nature of OHADA law is inferred from the scope of the Uniform Acts, which postulate that OHADA law is at once national law, cross-border law and international law. From this double exegetical and comparative approach, both lines of the debate can be deduced. To determine the nature of OHADA law, it is first necessary to focus on the legal nature of the organisation. The qualification of the organisation is the basis for the qualification of the law it produces. These two axes infer two critical issues; on the one hand, the superiority of OHADA law over the domestic laws of the member states; and on the other hand, the relations that OHADA has with the rights arising from the organisations of economic and/or legal integration to which the OHADA member states belong.