Terms and conditions for the continuation of the business
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When a company is in difficulty, its disappearance could constitute a brake on the economy of a country or a sub-region. This is what prompted the OHADA legislator to include in the new AUPC a certain number of recovery measures. Among them, we have the modalities of continuation of the company. Interesting for the personnel of a company, for the legislator and for any researcher, the question of legal security of the aforementioned modalities arouses our attention. It will be a question for us to see if the legal regime of these modalities as envisaged by the AUPC allows a secured continuatio...
When a company is in difficulty, its disappearance could constitute a brake on the economy of a country or a sub-region. This is what prompted the OHADA legislator to include in the new AUPC a certain number of recovery measures. Among them, we have the modalities of continuation of the company. Interesting for the personnel of a company, for the legislator and for any researcher, the question of legal security of the aforementioned modalities arouses our attention. It will be a question for us to see if the legal regime of these modalities as envisaged by the AUPC allows a secured continuation, even peaceful of the company in difficulty. Indeed, all the requirements, the existence of sanctions and the effects of these modalities on the company are proof that the rules governing the modalities of continuation of the company are a source of legal security. However, the difficulties at the level of their implementation, the lack of clarity at certain levels and the question of adaptability of some of them within the framework of the collective procedures, could constitute a legal insecurity.This led us to propose solutions.
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