Overview of the OHADA legal system: institutional framework and uniform business law in Africa

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Résumé

This article provides a concise and up-to-date overview of the OHADA legal system, intended in particular for readers who are unfamiliar with the Organization. The first part examines its institutional architecture, characterized by normative authority shared between the Conference of Heads of State and Government and the Council of Ministers, an executive operating at both the supranational and national levels, and a judicial system combining national courts with the Common Court of Justice and Arbitration. Particular attention is paid to the OHADA National Commissions, whose legal status was strengthened by the Regulation of 12 September 2025. The second part examines the sources of OHADA law, the conditions governing the entry into force and direct application of Uniform Acts, and their primacy over national legislation. It demonstrates that, although OHADA law does not constitute community law in the strict sense, it displays the characteristics of a uniform, autonomous, and integrated legal order. Finally, the article highlights the limits of this integration, arising in particular from references to domestic law, conflicts with other regional organizations, and the difficulties involved in adapting uniform law to small enterprises and the informal sector.

Mots-clés

OHADA; uniform law; harmonization of business law; legal integration; States Parties; Uniform Acts; CCJA; OHADA National Commissions; direct application; primacy; community law; African business law.