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A Research on OHADA Uniform Security Law

Author: ChenXiuZhi
Tutor: ZhuWeiDong
School: Xiangtan University
Course: International law
Keywords: OHADA Guarantee Law Learn Perfect
CLC: DD913
Type: Master's thesis
Year: 2010
Downloads: 73
Quote: 0
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Abstract


20 In the 1990s, African countries to actively explore the road of reform and development. In this process, it was recognized that, if not to protect the rights of private property and contract stable legal and business environment, there is no law to ensure the correct application of the dispute can be an effective solution to the authority of an independent judicial system, it is impossible to achieve investment and development continue. OHADA (OHADA) in this direction has taken an important step in the organization since the 1993 signing of a treaty inception, has created a unified law system, these Uniform Law as its members 16 different countries apply. Its purpose is to coordinate Member States' domestic commercial law, domestic legislation of the Member States, so as to promote investment, the development of national economies. Stage, OHADA Business Law in Africa has become one of the most influential organization, \\It is for investors and its creditors, including banks and other capital providers, offers a modern security system. These different types of security application and implementation of a number of projects in Africa and the scale of the funding operation is essential. In this paper, OHADA \including \And \China's \From the security type, transfer the mortgaged property rights, the right perspective on the subject of pledge OHADA \Through a comparative analysis draws some inspiration on China-related legislation, namely: Science Perfecting guarantee legal system, from the legislative level, emphasis on the relationship between the third party guarantees legal protection of the rights, the right to defense guarantor Perfection, right pledged to expand the scope and the establishment of such creditor rights and obligations. In short, the \

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