Harmonisasi Hukum Bisnis Transnasional Di Negara Kamerun

  • Anastasia Zefanya Universitas Padjadjaran
Kata Kunci: OHADA, Common Law, Civil Law, Cameroon

Abstrak

An important question concerning legal uniformity under OHADA is, can OHADA bridge
between the common law system and the civil law system? Is OHADA compatible with common
law? Does OHADA have the capacity to address the diversity of African legal and judicial
traditions? Does OHADA take into account African cultural and traditional norms? It seems that
if not, then the integration process will be an uncomfortable marriage. Can Cameroon's longitude
be maintained, much less promoted, in the context of OHADA? Can meaningful reforms take
national particulars into account? The thing that is of greater concern is whether OHADA can
accommodate the contradictory conditions of contemporary society and the challenges of
globalization and modernization. The right approach should be to promote laws, principles, and
practices that conform to conventional and universally accepted standards of fairness and justice
that are modified to suit the realities of Cameroon and Africa. This article will discuss the
historical background of Cameroon's legal framework, the nature, current trends of Uniform Law
reform, and the challenges of developing and implementing the OHADA Agreement and the
Uniform Act. Finally, in keeping with the spirit and philosophy that the legal system is meant to
serve as the touchstone of justice and equality, this Article proposes its way forward with the
OHADA Agreement and the Uniform Act, which have come to stay

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2022-11-01