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The development of a commercial law structure in the SADC with specific reference to OHADA
Thesis (LLD)--University of Pretoria, 2013.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613483514724352 |
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| access_status_str | Open Access |
| author2 | Boraine, A. (Andre), 1957- |
| author_browse | Boraine, A. (Andre), 1957- |
| author_facet | Boraine, A. (Andre), 1957- |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2013. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/52731 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:52.135Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/52731 The development of a commercial law structure in the SADC with specific reference to OHADA Boraine, A. (Andre), 1957- Leno, Ngaundje Doris Law UCTD Thesis (LLD)--University of Pretoria, 2013. In a region where there is diversity of laws, the author maintains that law reform is a catalyst for investment and development. This thesis aims at demonstrating that OHADA provides practical lessons for the development of a uniform commercial law structure in the SADC. This is following OHADA’s success in developing uniform commercial rules that are directly applicable in the contracting states. To achieve this, the thesis uses a “structured focused comparison” methodology that allows for two separate, but structurally linked accounts of the structures of both organisations. In exploring the structures of both organisations, the thesis endeavours to: determine whether there is the need for the development of a commercial law structure in the SADC; whether such a structure can be developed within the current SADC structure and whether OHADA can serve as a possible model for the SADC. The findings show that no part of the African continent has witnessed regional legal reform on the scale of that initiated by OHADA. It equally reveals the absence of a uniform commercial law structure in the SADC and the lack of supranational structures to adopt full panoply of business laws and to preserve the uniformity of laws in the member states. The findings from this thesis provide evidence that there is the need forthe development of a commercial law structure in the SADC and improvement of the current SADC structure. There is no doubt that thi swould do away with legal uncertainty in cross-border commercial transactions among SADC states. Mercantile Law LLD Unrestricted 2016-05-20T09:04:41Z 2016-05-20T09:04:41Z 2014 2013 Thesis Leno, DN 2014, The development of a commercial law structure in the SADC with specific reference to OHADA, LLD thesis, university of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/52731> A2016 http://hdl.handle.net/2263/52731 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Law UCTD The development of a commercial law structure in the SADC with specific reference to OHADA |
| title | The development of a commercial law structure in the SADC with specific reference to OHADA |
| title_full | The development of a commercial law structure in the SADC with specific reference to OHADA |
| title_fullStr | The development of a commercial law structure in the SADC with specific reference to OHADA |
| title_full_unstemmed | The development of a commercial law structure in the SADC with specific reference to OHADA |
| title_short | The development of a commercial law structure in the SADC with specific reference to OHADA |
| title_sort | development of a commercial law structure in the sadc with specific reference to ohada |
| topic | Law UCTD |
| url | http://hdl.handle.net/2263/52731 |