To regulate and facilitate are the main functions of legal rules. These purposes are achieved
by a harmonised legal system by which the law becomes identical in numerous
jurisdictions. The process to unify the law of sale internationally started in the 1920s and
culminated, in 1988, in the implementation of the CISG. This Convention intends to provide clarity
for most international sales transactions by regulating the formation of contracts, and the rights
and obligations of the seller and the buyer resulting from the contract. The CISG has these days
enjoyed much ratification and influenced a number of legislation reforms worldwide. Despite the
role it played during the drafting process of the CISG, the DRC has not yet ratified it. Instead,
the country continued to rely, until recently, on colonial legislations which had become out-dated,
and inadequate to meet modern international sales contracts requirements. The situation appears to
have been improved a year ago as the effect of the adoption of OHADA law whose Commercial Act is
largely inspired by the CISG.
Because the introduction of OHADA law in the DRC is very recent, this study
intends to assess the current state of Congolese sales law by comparing it with the CISG and South
African law, which is non-CISG but modernised. The comparative study aims at establishing whether
current Congolese law, as amended by OHADA law, is sufficient or has shortcomings; if it has some,
it aims to identify those shortcomings, and make suggestions for their improvements. After
discussion, it has been discovered that the ratification of OHADA law has significantly improved
Congolese domestic sales law. Given that there remain certain unresolved shortcomings in Congolese
international sales law, however, the study ends by a proposal for the accession of the DRC to the
CISG in order to fill them. / Mercantile Law / LLD
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/14215 |
| Date | 02 1900 |
| Creators | Kahindo, Nguru Aristide |
| Contributors | Eiselen, Sieg |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (608 pages) |
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