Recovery litigation and the OHADA public capital company
The choice of debt recovery mechanisms, a necessity for the effective recovery of a debt
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The efficiency sought in the Uniform Act Organizing Simplified Collection Procedures and Means of Enforcement is often hampered by obstacles such as immunity from execution. Thus, the title of this book revolves around the question of the choice of mechanisms favourable to the recovery of a debt from a public entity enjoying immunity from execution. Analysis shows that debt collection disputes can be resolved strategically: either through classic debt collection mechanisms, or through new debt collection mechanisms. While it is true that traditional debt collection mechanisms can promote debt ...
The efficiency sought in the Uniform Act Organizing Simplified Collection Procedures and Means of Enforcement is often hampered by obstacles such as immunity from execution. Thus, the title of this book revolves around the question of the choice of mechanisms favourable to the recovery of a debt from a public entity enjoying immunity from execution. Analysis shows that debt collection disputes can be resolved strategically: either through classic debt collection mechanisms, or through new debt collection mechanisms. While it is true that traditional debt collection mechanisms can promote debt recovery, the fact remains that they undermine the commercial relationship that is the source of trust between economic operators. Similarly, because of their high cost, they do not allow certain companies, such as SMEs with modest receivables, to have easy access to state justice. As for the new collection mechanisms, they are a guarantee of the stability of economic activities.
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