Le Droit de Rétention Dans Le Nouvel Acte Uniforme Portant Organisation Des Sûretés: Sûreté Active ou Passive?
Authors Zakari Njutapvoui
Affiliations: Docteur Ph.D en Droit des Affaires, Assistant au Département de Droit Privé Fondamental, Université de Douala
Source: Journal of Comparative Law in Africa, Volume 3 Issue 2, p. 112 – 130
This paper analyses the issue of the right of retention as regulated in the new version of the OHADA Uniform Act on Securities. In particular, the paper discusses the nature and the function of this right, which has been regulated by the OHADA legislator in Article 50 of the above mentioned Uniform Act. The author tries to give an answer to the issues posed by the right of retention, and in particular, what is really the extent of the powers conferred on the person holding the goods in relation to the new version of the Uniform Act. This involves determining which activities may be exercised by the retainer on the goods retained under the influence of the new OHADA legislation. The study includes an in-depth analysis of the right of retention under OHADA law, while taking into consideration the main French doctrine on the subject. The paper concludes that the right of retention under the new Uniform Act can be envisaged as a passive security, but that the debate on the nature of the right of retention under OHADA law is still far from being resolved.