The assets of the sole trader
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The principle of unity of assets obliges the individual entrepreneur to commit all his assets in the event of his responsibility being exercised in the exercise of his professional activity. He runs real risks. Because his creditors will be able to seize his professional and personal assets whenever he becomes liable. His unlimited liability and the confusion of his patrimony have formidable consequences on himself, on his family and on his various creditors. Faced with these drawbacks, OHADA law is silent as to the consecration of legal protection mechanisms. Thus, it is urgent for OHADA's ri...
The principle of unity of assets obliges the individual entrepreneur to commit all his assets in the event of his responsibility being exercised in the exercise of his professional activity. He runs real risks. Because his creditors will be able to seize his professional and personal assets whenever he becomes liable. His unlimited liability and the confusion of his patrimony have formidable consequences on himself, on his family and on his various creditors. Faced with these drawbacks, OHADA law is silent as to the consecration of legal protection mechanisms. Thus, it is urgent for OHADA's right to relax the principle of the uniqueness of the patrimony while creating a patrimony of assignment and mechanisms which can limit the rights of creditors in order to protect the individual entrepreneur from the vagaries of his professional activity.
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