A Research On OHADA Uniform Security Law

In 1990, Africa countries were tring hard to find reform and development road. In this process, people realized that if there was no stable law and trade evironment to protect the right private property, and contract it would be impossibe for the investment and development. OHADA is a very crucial step of this way, which set up by the rule signed in 1993, and has created a system of uniform substantive law . This substantive law has been applied by 16 countries.The purpose of the OHADA is to boost investment and develop economy by harmonizing and unifing domestic commercial law of member countries. Now, OHADA has become one of the most important organizations in Africa, Uniform Security Law is one of eight uniform laws.Under obeying the purpose of OHADA the Uniform Security Law provides defferent kinds of insurances to protect the right of creditors by assure debtors to fulfill their duty. It provides a set of security system for the investors and creditors includes banks and other money provider. The application and implement of those different kinds of insurances is of great importance to the operations of some programmers and scale capital.This thesis is going to make a research on the Uniform Security Law of OHADA introduces the found background and its development of OHADA and its stress the main content of the Uniform Security Law, which including the outline of its individual security system and the effect, enforcement and termination of the individual warrant, the actural operation of different categories of the real security. And This thesis makes a comparison between the Uniform Security Law and the Security Law in our country from four aspects: legislative system, condition of the insurers, conclusion of security contract and invalid secure, and then draw a conclusion that the security system in legislative system of our country is not scientific, and without protction for the interest of the third party, and the right of pleading for warrantor is not complete. Comparison between the Uniform Security Law and the Chinese Security Law in other three areas, such as kinds of securities, right of transfer the collateral and the object of the pledge of right. Through thoes comparisons, we can get some enlightenments for the Chinese legislation, they are: to perfect our security law system scientifically; to pay special attention to the protection of the interest of the third party from the legislative level; to perfect the right of pleading of the warrantor; to enlarge the pledge of right and to build coordinate rights and obligations for the creditor.In all, the understanding of the Uniform Security Law is just the beginning to our understanding, our final purpose is to learn from it and to make some suggstions to the perfection of the relative legislature in China.