Ph.D Defence on the Law relating to the transportation of goods by road / University of Nantes
- 04/06/2008
- 14089
- 7 commentaires
We are pleased to inform you of a Ph.D Defence titled Law relating to the transportation of goods by road: Critical, Prospective and Comparative analysis. The defence will be taken place on Ocober 4, 2007 at the University of Nantes by Joseph-Alain BATOUAN B., Ph.D in Private Law at Universities of Nantes (France) and Yaounde II (Cameroon), lecturer at the University of Yaounde II and research assistant at the Maritime and Oceanic Law Center (University of Nantes).
Asbract
In its dynamic of harmonization of business law in Africa, the OHADA recently adopted a uniform Act relating to contracts of carriage of goods by road, which came into effect on January 1, 2004. Consequently, in comparison with the legislative and socio-economic context of the OHADA's States, the formers supranational texts and the evolution of international law, this Act deserves that one wonders about his aptitude for regulate the operation of carriage of goods in Africa.
On the one hand, concerning the conditions of transport, it restricts its object to the contracts of carriage and does not treat all legal aspects of carriage operation. Moreover, on some of the discussed items, its provisions remain incomplete. This Act excludes several contracts from its sphere of application and makes mention neither of subcontracting, nor of the intervention of the Freight forwarders.
On the other hand, it treats only part of the claim of the road transport. Indeed, if it renovates the mode of liability for the parties to the contract of carriage, there limits to the lawsuit of liability and remains dumb on the holders and the rules of the contentious action and of the proof. In addition, one notes a relative effectiveness of the enacted rules of jurisdictional competence.
While waiting for that these new uniform rules adequately tested by the practice, their integration and their adaptation lie in the interpretation that will make the judges of them.
Key words: Uniform Law - OHADA Law - Carriage of goods by road - Carriage of dangerous goods - Contract of carriage of goods - CMR Convention - CEMAC and ECOWAS Conventions - Conflicts of laws - Carrier's statute - Liability - Freight forwarders - Road transport Claim - Jurisdictional Competence - Arbitration.
For more information please contact:
M. Joseph-Alain BATOUAN B.
BP 15 587 Yaounde - Cameroon
Tel.: +237 99 54 29 66 / +237 22 31 62 86
Emails: ja.batouan@yahoo.fr / ja.batouan@hotmail.fr
29/03/2024 190753 NANANGUE
Je veux écrire mon mémoire sur la responsabilité du transporteur routier en droit ohada. Quelqu'un pour me venir en aide