Presidential Jurisdiction under OHADA Law: Synthesis Essay

Although OHADA uniform law draws inspiration from the national laws of the contracting states, it has redefined the legal system within those states and redistributed roles within the judicial system. The judicial function has thus evolved with the advent of OHADA law, oscillating between deference to the will of the parties and the imperative of the public service of justice. The exercise of its powers by the presiding judge may aim either to remove obstacles arising from one party's resistance to the other party's claims or to remove the obstacle that the law poses to the regularization of a situation, by exercising review of legality and appropriateness. Thus, the judicial act issued by the presiding judge may be either contentious or non-contentious. Furthermore, the terms "competent court ruling on an expedited basis," "competent court ruling on an urgent basis," and "competent court ruling on a motion"-terms used extensively by the OHADA legislature, which resemble both an administrative tribunal and a trial court-actually refer to the President of the competent court (or the judge delegated by him).