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- Title
Conformity of goods to the contract of sale under the OHADA Uniform Act on General Commercial Law.
- Authors
Djieufack, Roland
- Abstract
This article primarily deals with the law under the Organization for the Harmonisation of Business Laws in Africa (OHADA). It is concerned with a critical analysis of the concept of conformity of goods under a contract of sale in the OHADA Uniform Act on General Commercial Law (UAGCL). It specifically highlights the obligation of the seller to deliver conforming goods to a contract of sale. Arguably, the notion of conformity falls within the meaning of the subjective understanding of a ‘defect’ under the UAGCL. This raises at some point confusion and uncertainty in determining the seller’s liability for non-conforming goods with latent, apparent, or hidden defects. Thus, this article has the objective of exploring the consistent scheme set up by the UAGCL in determining the seller’s duty of conformity and, incidentally, the duty to cure a non-conforming delivery of goods before and after delivery as well as the remedies that the buyer can resort to in the case of the seller’s act of non-performance of such a duty. Adopting an in-depth content analysis and critical evaluation of primary and secondary data, the article concludes that conformity is not an independent legal concept, and, thus, in this regard, it argues that a thorough assessment cannot be done without recognizing and taking into consideration a number of issues irrespective of the contract stipulations agreed upon by the contracting parties. A balance should be struck between these variables, and, where no guidance is given in Article 255, the prevailing norm in the Member States should form the basis for determining the concept of conformity of goods.
- Subjects
EXPORT sales contracts; ORGANISATION pour l'harmonisation en Afrique du droit des affaires; COMMERCIAL law
- Publication
Uniform Law Review, 2015, Vol 20, p271
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unv017