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The Extra-Statutory Agreements in OHADA Law

By Trésor Ilunga Tshibamba    INTRODUCTION The Extra-Statutory Agreements, generally known as “shareholder agreements,” are currently known and applicable in the Democratic Republic of Congo (DRC)...

About the morgarge in ohada law:  What have changed?

By MWABA KAZADI Tony, Associated Professor in the law Faculty, Kinshasa University.   Introduction Mortgage unlike other sureties that were organized in the Congolese law since the time...

The impact of forcible mortgage of domestic law on the rank of mortgagees in the OHADA law

By Vincent KALONJI KAYEMBE holds a Graduate Diploma in Law from the University of Kinshasa (Université de Kinshasa)  Lawyer at the Court of Appeal of...

CCJA: An appeal plea characterized by its inaccuracy incurs inadmissibility

This is the position taken by the Common Court of Justice and Arbitration, “CCJA,” of the Organization for the Harmonization of Business Law in Africa, “OHADA,” in its...
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Dakar, a law institutes the biometric card ECOWAS

In order to comply with the resolution to institute a new biometric card within the space of the Economic Community of West African States...

Mali updates its Procurement Contract and Public Service Delegation Code

An updated instrument governing Procurement Contract and public service delegation has been updated. According to the Decree #2015-0604/P-RM of 25 September 2015 promulgated by...

The state of emergency regime In the jurisprudence of the constitional court under the constitution of 18 february 2006

DELLY SESANGA HIPUNGU DJA KASENG, Lawyer at  the Paris and Kinshasa Gombe Bars The constitution of the DRC of February 18, 2006, like several other...

Prospect of incentive-based tax policy for the development of leasing in OHADA law

By NGOMA PHANZU Guy Pascal Lawyer at the Kinshasa/Matete Bar Associate law Lecturer/Faculty of Law/Université Protestante/DRC PhD student at the University of Kinshasa 0997801414, e-mail: guyngoma30@gmail.com   Introduction   Taxation is a...

Gabon releases procedures for issuing cargo monitoring

On 10 January 2019, the Minister of Transport and Logistics issued Decree No. 000019/MTL laying down the procedure for issuing document tracking land transport...

Congo-K: Outline of the New Insurance Code

By Pathy Liongo In its trajectory of cleaning up the business climate and securing private investment, the Democratic Republic of Congo (“DRC”) has just completed...

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BENIN: The government fixes pecuniary compensation and indirect rights

By its Decree No. 2019-236 of 31 July 2019 fixing the pecuniary compensations granted to customs and indirect taxes officials and to those of...

DRC takes a new look at mediation in juvenile justice

By Interministerial Decree No. 243 / CAB / ME / MIN / J & GS / 2018 and No. 065 / CAB / MIN.GEFA...

A look at the legal basis of the Franchise Contract in Congolese positive law

SANGO KABONGA Emery, Lawyer INTRODUCTION We are in a new era where inventions are not only the subject of strong legal protection, but also and above all...

The State Sovereignty Criminal Protection by the International Criminal Court—Between Progress and Regression

By BEYA KESHI Robin INTRODUCTION At the end of the First World War, war was no longer seen as a lawful means of settling disputes between...

The Democratic Republic of Congo has a specialized service called Emergency Program

The Democratic Republic of Congo has a specialized service called “Support Unit for the Integrated Community Development Emergency Program,” in acronym “CAPUIDC.” The President of...

DRC: Implementation of Coordination of External Resources and Project Monitoring

By his Ordinance No. 19/069 of July 25, 2019, the President of the Republic has created a specialized service called “Coordination of External Resources...

The state of emergency regime In the jurisprudence of the constitional court under the constitution of 18 february 2006

DELLY SESANGA HIPUNGU DJA KASENG, Lawyer at  the Paris and Kinshasa Gombe Bars The constitution of the DRC of February 18, 2006, like several other...

Ghana: Without Parliamentary ratification a mineral lease granted by the Executive arm of Government shall be invalid.

In its Ruling on Civil Motion No.J5/40/2018, delivered on 31st July, 2019 The Supreme Court of the Republic of Ghana (the Supreme Court) established...

Prospect of incentive-based tax policy for the development of leasing in OHADA law

By NGOMA PHANZU Guy Pascal Lawyer at the Kinshasa/Matete Bar Associate law Lecturer/Faculty of Law/Université Protestante/DRC PhD student at the University of Kinshasa 0997801414, e-mail: guyngoma30@gmail.com   Introduction   Taxation is a...