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Home > Journal > Advance publication

Transnational Harmonised Court Practices: A Critical Assessment of the Injunctive Processes Under the OHADA Uniform Act on Simplified Recovery Procedures and Measures of Execution

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T. Enaw
T. Enaw

Published 6 June 2018

Introduction

The recovery of debt and property remains an important consideration when it comes to the viability and corporate planning of a business. A harmonised approach to debt and property recovery provides an opportunity to assess the effectiveness of the processes or instruments used for the recovery of debt and property under a harmonised regime and is propitious to a lively discussion on the interplay between local law and the laws emanating from a treaty between States who have decided to harmonise their laws. The OHADA Uniform Act on Simplified Procedures and Measures of Execution (the "Act") was adopted by the Council of Ministers in 1998. The Act contains two important instruments or processes for the recovery of debt and personal property, namely (1) the Injunction to Pay and (2) the Simplified Procedures to Secure the Delivery or Restitution of Specific Personal Property. Both instruments are injunctive in nature and are designed (i) to ensure recovery of debt and personal property with minimal court intervention and (ii) to be more accessible, particularly to unsophisticated court users. The intention of the Act is to standardise and simplify the processes for the recovery of debt and personal property throughout the OHADA Member States. The processes have significant similarities in respect of the procedures that a petitioner or applicant must follow to commence proceedings, but their objectives, scope and application are different from each other.

This paper reviews and critiques the injunctive processes under the Act. The paper seeks first to review the salient features of the instruments or processes from the position of both a creditor/petitioner/applicant as well as the debtor/respondent/defendant before carrying out a critical examination of the effectiveness or efficiency of both processes.

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Suggested Citation

T. Enaw (2018, forthcoming) "Transnational Harmonised Court Practices: A Critical Assessment of the Injunctive Processes Under the OHADA Uniform Act on Simplified Recovery Procedures and Measures of Execution"
(TDM, ISSN 1875-4120) June 2018, www.transnational-dispute-management.com

"Advance publication" is the name given to material that is published ahead of its appearance in a regular structured issue of our Journal. It is also possible to monitor this via RSS. Subscribers will receive update alerts via e-mail of the published articles as soon as they have been added to the website.

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