OHADA Law in Africa: A Successful Model of Legal Harmonization? Institutional Architecture, Uniform Business Law and Comparative Legal Integration

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Résumé

This presentation, entitled “OHADA Law in Africa: A Successful Model of Legal Harmonization? Institutional Architecture, Uniform Business Law and Comparative Legal Integration”, was delivered on 13 July 2026, from 2:15 p.m. to 3:15 p.m., in Room 230 at the Faculty of Law of Paris Lodron University Salzburg (PLUS), Salzburg, Austria, as part of the Summer School on Global Comparative Private Law.

The presentation provided an up-to-date introduction to the OHADA legal system from both institutional and comparative perspectives. It examined OHADA as a regional legal space, its institutional architecture, the sources and scope of its uniform business law, and the principles of direct applicability, primacy and uniform judicial interpretation. Particular attention was paid to the role of the Common Court of Justice and Arbitration (CCJA), the eleven Uniform Acts currently in force, and the contribution of national institutions to the practical implementation of uniform law.

The presentation also assessed OHADA as a comparative model of legal integration. While highlighting its achievements in reducing legal fragmentation and creating a common business law area across seventeen States, it examined persistent limits relating to national implementation, accessibility of legal materials, overlapping regional legal orders, SMEs and informality, criminal sanctions and emerging regulatory challenges. The central comparative question was therefore not only whether OHADA has succeeded in harmonizing business law, but also what other regional integration projects may learn from its experience.

Mots-clés

OHADA – legal harmonization – uniform business law – legal integration – Uniform Acts – CCJA – direct applicability – primacy – African business law – comparative law.