2th Prize for the Best OHADA Article 2022 ( PME-OHADA-22-02 )

Carine Pamela KOLEGBE

2th Prize for the Best OHADA Article 2022 ( PME-OHADA-22-02 ) : The commissary pact in OHADA law : effective guarantee of recovery or candling ?

Par Carine Pamela KOLEGBE – Legal researcher – Private right – University of Abomey-Calavi


The judicial enforcement of securities under OHADA law constitutes for creditors a veritable way of the cross. Over the years of practice, they encountered so many pitfalls there that it rubbed off on the attractiveness of OHADA. So, business relations have become timid because financial partners increasingly fear for the recovery of their debts. SO, to remedy this discomfort, the OHADA legislator has, by the reform of the Uniform Act organizing security law (OUT OF) in 2011, consecrated a conventional guarantee called commissioner's pact. Simple, fast and economical, this new guarantee is presented by the Community legislator as the miracle solution for certain recovery. In effect, the precautions taken by its legal system, in particular on its constitution and its realization are so delicate that they rock in the illusion of perfection. However, a little height on the emotions generated by the new nature of this guarantee, makes huge imperfections, to the point of casting doubt on its effectiveness.

Key words

OHADA club – Commissioner's Pact – legal regime – efficiency – Illusion