Analysis of the Uniform Act on Simplified Procedures for Recovery of Claims and Means of Enforcement in OHADA Member States
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Uniform Act, Simplified Procedures, Recovery of Claims, Means of Enforcement, OHADA, Creditor Rights, Debtor Rights, Execution Routes, Economic Development
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Abstract
This document provides an in-depth analysis of the Uniform Act on Simplified Procedures for Recovery of Claims and Means of Enforcement in OHADA member states, highlighting the balance between creditor and debtor rights, the evolution of recovery procedures, and the importance of execution routes in economic development.
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[...] In concrete terms, the means of execution rely on the fundamental principles of civil law. Ex: territorial jurisdiction (immovable seizure of the location of the disputed building, for example, the Burkinabé civil procedure code). III. Sources of the means of execution 1. Before the advent of the uniform act The seizure of the means of execution did indeed exist. However, the texts in this matter were characterized by insufficient, incomplete, outdated laws that were found in a Civil and Commercial Code called the Code BOUVENET. [...]
[...] 1Error element This procedure was only possible if the claim had a commercial nature. 2e element the amount to be recovered should not exceed 25000fcfa. In 1992, there was an evolution with the intervention of a law to say that the IP procedure concerns commercial and civil claims whose amount is not exceeding 1000.000f. With the advent of the uniform act, there was a major innovation in the matter of the simplified procedure for claims alongside the procedure for injunction to pay, which is the procedure for injunction to deliver or to return. [...]
[...] In short, they (seizures and execution procedures) constitute a guarantee of economic development. In social terms They seek to achieve a balance between 2 (two) imperatives that are contradictory: - preservation of the creditor's rights and respect for the debtor's rights (protection of the debtor's rights) - In terms of preserving the creditor's rights, we should not consider it as a merciless person who relentlessly pursues an unfortunate debtor. - In terms of protecting the debtor's rights, we must not ruin the debtor to satisfy the creditor, so as not to make him a social case. [...]
[...] - Distinction between Uniform Act relating to Simplified Procedures for Recovery of Claims and Means of Enforcement. IV.) Simplified Procedures for Recovery To recover means to be in possession of one's claim, and comes from the verb recover which comes from the Latin word recuperare. According to Gerard Cornu, 'It designates the perception of the amount of money'. In other words, it is the set of judicial or extrajudicial operations aimed at obtaining the payment of a debt of money. [...]
