On-line version of the ATDA evaluation for the month of Might 2022

Online edition of the ATDA review for the month of May 2022

LegiAfrica Éditions informs the public about the publication of the ATDA Review for the month of May 2022. The ATDA Review is dedicated to commenting on court decisions and commercial law in the OHADA countries.

Scientific Committee

  • Prof. Patrice Samuel Aristide BADJILawyer, Cheikh Anta Diop University (Senegal)
  • Prof. François BIBOUM BIKAYHDR – Lecturer in Private Law and Criminal Sciences, University of Douala (Cameroon)
  • Prof. Yvette KALIEU ELONGOFaculty of Law, Dschang University (Cameroon)
  • Prof. Souleymane TOEAssociation of Faculty of Law, University of Ouaga II (Burkina Faso)
  • Pr Ramses AKONO ADAMFaculty of Law, University of Ngaoundéré (Cameroon)
  • Prof. Armel TamkamFaculty of Law, University of Douala (Cameroon)
  • Prof. Maurice KOM KAMSULecturer in Private Law and Criminal Sciences, University of Maroua (Cameroon)

Summary

National rights

  • A look at the new Cameroonian law of 27 April 2022 regulating bank secrecyaccording to Fernand JOEMOU PATIOPhD student in private law and criminal science at Dschang University, graduate in management sciences, intern at ERSUMA

Right of civil enforcement

  • The seizure cannot be carried out on funds with which the debtor only provides administrationaccording to Pierre-Claver KAMGAINGPhD student in Côte d’Azur and Dschang University, lecturer at Côte d’Azur University – Associate Professor at the Catholic Institute in Bafoussam
  • Forfeiture of opposition to a payment order shall be established if it is not adjourned within a period of 30 days.from Pierre-Claver KAMGAINGPhD student in Côte d’Azur and Dschang University, lecturer at Côte d’Azur University – Associate Professor at the Catholic Institute in Bafoussam
  • Indication of the chosen residence of the beneficiary instead of his actual residence is not the reason for the invalidity of the act of detention.according to Pierre-Claver KAMGAINGPhD student in Côte d’Azur and Dschang University, lecturer at Côte d’Azur University – Associate Professor at the Catholic Institute in Bafoussam
  • Clarification of the limitation regime for the right to issue the remainder of the subscribed and unpaid shares as part of the increase in the share capital of a joint-stock companyfrom Ramses AKONO ADAMmember of law faculties, teacher-researcher – University of Ngaoundéré-Cameroon

company law

  • The dismissal of the manager does not preclude the payment of his remunerationfrom Ramses AKONO ADAMmember of law faculties, teacher-researcher – University of Ngaoundéré-Cameroon

Banking law and credit guarantees

  • Liability cannot be reclassified as a sui generis guaranteefrom Ramses AKONO ADAMmember of law faculties, teacher-researcher – University of Ngaoundéré-Cameroon

Arbitration law

  • Dismissal of the action for annulment against an arbitration award rendered after the arbitration periodfrom Ramses AKONO ADAMmember of law faculties, teacher-researcher – University of Ngaoundéré-Cameroon

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