Book Review: Estado, Pluralismo Jurídico e Recursos Naturais – Avanços e Recuos na Construçao do Direito Moçambicano

by | Oct 9, 2019 | JCLA, JCLA V2 I1 2015

Book Review: Estado, Pluralismo Jurídico e Recursos Naturais – Avanços e Recuos na Construçao do Direito Moçambicano

Authors Tina Lorizzo

ISSN: 2521-2605
Affiliations: PhD Researcher, Centre for Comparative Law in Africa, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 2 Issue 1, p. 111 – 116

Abstract

None

Deposit Insurance in Africa: A Veritable Mechanism for Depositor Protection

by | Oct 9, 2019 | JCLA, JCLA V2 I1 2015

Deposit Insurance in Africa: A Veritable Mechanism for Depositor Protection

Authors Panshak Ephraim Haggai

ISSN: 2521-2605
Affiliations: Legal Officer, Nigerio Deposit Insurance Corporation (NDIC)
Source: Journal of Comparative Law in Africa, Volume 2 Issue 1, p. 101 – 110

Abstract

The history of the establishment of the first deposit insurance system dates as far back as 1933 in the United States of America. Since then, the system has been recognised as an invaluable component of an efficient financial safety net in the economy of nations that have a stable financial system, and has been adopted and domesticated by many countries across the world. Despite the apparent benefits of a deposit insurance system, its penetration on the African continent has been low. This article seeks to examine the deposit insurance system and highlight its benefits to the financial systems that have adopted it on the African continent. Some of the reasons for the low penetration of this insurance system in Africa are examined and recommendations on how that situation could be reversed in the long run are proffered.

Towards the East African Monetary Union: Constitutional Issues for Kenya

by | Oct 9, 2019 | JCLA, JCLA V2 I1 2015

Towards the East African Monetary Union: Constitutional Issues for Kenya

Authors Shiundu Joseph Lutta

ISSN: 2521-2605
Affiliations: Advocate of the High Court of Kenya and Certified Public Secretary of Kenya
Source: Journal of Comparative Law in Africa, Volume 2 Issue 1, p. 74 – 100

Abstract

Generally, countries enter into monetary union agreements to promote economic integration. In turn, this economic integration is meant to spur equitable development among the member states. Aside from the potential economic gains, monetary unions raise a myriad of serious issues that are constitutional and political in nature. This is because this practice transfers sovereign power of the people from the nation to a supranational organisation. As such, this shift in authority alters the framework of a country’s governance system. This legal quandary forms the spine of this article. It seeks to demystify these constitutional issues from the perspective of Kenya and the prospective East African Monetary Union (EAMU). In addition, it provides a comparative study of the practice in Germany within the European Union (EU) and lessons it offers to Kenya in manoeuvring this legal dilemma.

Le Pacte Commissoire et la Protection de L’interet du Creancier en Droit OHADA

by | Oct 9, 2019 | JCLA, JCLA V2 I1 2015

Le Pacte Commissoire et la Protection de L’interet du Creancier en Droit OHADA

Authors Samson Igor Bidossessi Guedegbe

ISSN: 2521-2605
Affiliations: Docteur en Droit privé, Assistant à la Faculté de Droit et de Sciences Politiques Université d’Abomey-Calavi, Bénin
Source: Journal of Comparative Law in Africa, Volume 2 Issue 1, p. 39 – 73

Abstract

Many voices have welcomed the recent recognition by the OHADA legislator of the agreement of forfeiture. The agreement is presented as a recovery mechanism, which offers the opportunity to obtain the repayment of secured debt quicker and cheaper. Yet the real situation is far from this objective. This article explains how, in practice, the creditor beneficiary of the agreement of forfeiture only has in his hands a weapon of relative efficiency, accompanied by uncertain effectiveness.