1st Prize for the Best OHADA Article 2020 ( PMA-OHADA-20-01 )

Qowiyou Fassassi

1st Prize for the Best OHADA Article 2020 ( PMA-OHADA-20-01 ) : The crisis of normativity in consumer protection OHADA

Par Qowyou FASSASSI

Lawyer-researcher Alumni of the UNESCO Chair of Human Rights and Democracy ( University of Abomey-Calavi – Benign )

Résumé

Consumer protection through OHADA law is an ambition that is already around two decades old. This ambition was materialized by a draft Uniform Act on the consumer contract (AUCC). Very early criticized under the argument of the doubtful legitimacy of the OHADA right to protect the consumer, this OHADA text was shelved and the ground was marked out for the emergence of other competing consumerist standards. These competing standards are community and state. For now, this idea of ​​consumer protection through OHADA law remains hypothetical, because these normative competitions constitute significant obstacles for the development of the AUCC project. Never mind, the contestation of the consumerist vocation of OHADA law should be put into perspective, to the extent that the final recipient of business law remains the consumer. It is difficult to envisage the production and marketing of goods and services without the protection of their recipient.. Faced with this truism and to avoid disharmony in consumer protection within the same integrated space, solutions remain for real consumer protection through OHADA uniform law.

Key words

OHADA club – protection – consumer.