The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon
On the 21st of December 2015, the Cameroonian legislature adopted Law N°2015/018 with the aim of modernizing the mechanisms put in place for the supervision of the commercial activity in this State. This modernization results in the establishment of tools aimed at eliminating situations which are de...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2016-12-01
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| Series: | Juridical Tribune |
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| Online Access: | http://tribunajuridica.eu/arhiva/An6v22/26%20Yayi.pdf |
| _version_ | 1797219087003156480 |
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| author | Joseph Emmanuel Yayi Lipem |
| author_facet | Joseph Emmanuel Yayi Lipem |
| author_sort | Joseph Emmanuel Yayi Lipem |
| collection | DOAJ |
| description | On the 21st of December 2015, the Cameroonian legislature adopted Law N°2015/018 with the aim of modernizing the mechanisms put in place for the supervision of the commercial activity in this State. This modernization results in the establishment of tools aimed at eliminating situations which are detrimental to the contractual balance. The idea behind these provisions is to reinforce the clarity and integrity of consent when
concluding the contract, while at the same time eliminating the abuses that have endured during the conclusion. However, the assessment of these measures reveals a diminished efficiency. These shortcomings are due to two reasons: the discrimination against the protection of victims of the imbalance according to the "consumer / professional" distinction made and the lack of instruments to restore the balance in the contractual relationship of the parties. |
| first_indexed | 2024-04-24T12:28:04Z |
| format | Article |
| id | doaj.art-f6ff18355cef4d3b91d6d7ef33020992 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:28:04Z |
| publishDate | 2016-12-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-f6ff18355cef4d3b91d6d7ef330209922024-04-08T07:43:02ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822016-12-0162347375The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in CameroonJoseph Emmanuel Yayi Lipem0Faculty of Laws and Political Science, University of Douala, CameroonOn the 21st of December 2015, the Cameroonian legislature adopted Law N°2015/018 with the aim of modernizing the mechanisms put in place for the supervision of the commercial activity in this State. This modernization results in the establishment of tools aimed at eliminating situations which are detrimental to the contractual balance. The idea behind these provisions is to reinforce the clarity and integrity of consent when concluding the contract, while at the same time eliminating the abuses that have endured during the conclusion. However, the assessment of these measures reveals a diminished efficiency. These shortcomings are due to two reasons: the discrimination against the protection of victims of the imbalance according to the "consumer / professional" distinction made and the lack of instruments to restore the balance in the contractual relationship of the parties.http://tribunajuridica.eu/arhiva/An6v22/26%20Yayi.pdfContractual BalanceWeaker PartySignificant imbalanceUnfair termsEvidence |
| spellingShingle | Joseph Emmanuel Yayi Lipem The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon Juridical Tribune Contractual Balance Weaker Party Significant imbalance Unfair terms Evidence |
| title | The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon |
| title_full | The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon |
| title_fullStr | The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon |
| title_full_unstemmed | The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon |
| title_short | The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon |
| title_sort | balance between the parties in law n° 2015 018 of december 21 2015 governing the commercial activity in cameroon |
| topic | Contractual Balance Weaker Party Significant imbalance Unfair terms Evidence |
| url | http://tribunajuridica.eu/arhiva/An6v22/26%20Yayi.pdf |
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