THE INEFFECTIVENESS OF THE STATUS OF ENTREPRENEUR UNDER OHADA LAW
IN CONGOLESE LAW
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The revision of the Uniform Act on the Harmonization of General Commercial Law on December 15, 2010 added a new legal vehicle: that of the entrepreneur. This new legal status formalizes the exercise of informal activities by independent professionals, and broadens the framework of economic activity under the law of the Organization for the Harmonization of Business Law in Africa (OHADA), by simplifying the formalities for access to the status of entrepreneur compared with that of trader, from registration to declaration, it allows, under this new status, the exercise of civil, commercial, craf...
The revision of the Uniform Act on the Harmonization of General Commercial Law on December 15, 2010 added a new legal vehicle: that of the entrepreneur. This new legal status formalizes the exercise of informal activities by independent professionals, and broadens the framework of economic activity under the law of the Organization for the Harmonization of Business Law in Africa (OHADA), by simplifying the formalities for access to the status of entrepreneur compared with that of trader, from registration to declaration, it allows, under this new status, the exercise of civil, commercial, craft and agricultural professional activities. Despite its promise of success, the new status of entrepreneur can, in some respects, be seen as an unfinished reform, ineffective in the Democratic Republic of Congo, particularly from the point of view of legal certainty on the one hand, and on the other, the question of the non-substitution of the status of entrepreneur for that of small businessman. In this work, I examine directly the causes and consequences of the ineffectiveness of the entrepreneur.
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