Search results for " business law"
showing 5 items of 5 documents
The integration of informal business law in the OHADA framework. Methodological reflections
2021
OHADA represents today a successful example of legal integration that offers a modern and reliable legal environment regarding business law in those countries that have joined it. However, such a modern integrated system of business law appears to be unsuited to the informal business sector that still represents a vital segment of the economy in most of the African countries. The paper discusses the attempts that have been made to integrate the informal business sector in the OHADA framework, trying to understand the reasons why they have been substantially unsuccessful and suggests a possible way forward to make such integration possible.
Is the French mobile phone cartel really a cartel?
2009
International audience; France Telecom (FT), SFR and Bouygues Telecom (BT) have been fined by France's Conseil de la Concurrence (CC) for organizing a mobile phone cartel with stable market shares (one-half, one-third and one-sixth, respectively) and for directly exchanging commercial information. While not contesting the legal decision, it is argued here that the economic reasoning is flawed. (1) As the CC made much of the firms' stable market shares, we have first followed this line of reasoning by considering that the market shares are quotas under uniform costs. Even if there is a general incentive to form a monopolistic cartel, BT was too small for it to be worth its while to join it; it i…
A OHADA e a Harmonização do Direito Comercial em África
2008
The essay analyzes the general principles and reasons which led to the creation of the Organization for the Harmonization of Business Law in Africa
language and law in international business law
2009
The relationship between language and law is clearly apparent in international organizations. More specifically, international commercial relations show a field of analysis still remains wide clearing. The choice of language is very widely, in international trade, depending on the wish of the parties. The question of free choice is central to the study of the relationship between language and law. But the choice of language is often done without consideration of legal risks, particularly the consequences as regards the implementation and interpretation of the contract. The language issue is generally treated only as incidental, accidental, although it is necessary to comply with a certain n…
Postępowanie zabezpieczające w sprawach gospodarczych
2021
Celem artykułu jest omówienie wybranych instytucji postępowania zabezpieczającego w kontekście specyfiki spraw gospodarczych. Wnioski o udzielenie zabezpieczenia w tego typu sprawach wpływają do sądów dość często, zwłaszcza w sprawach o stwierdzenie nieważności uchwały bądź jej uchylenie. Orzeczenie sądu ma natomiast daleko idące skutki dla obrotu gospodarczego