La résolution du contrat de vente en droit OHADA : d’une réforme à l’autre

La présente étude examine une des difficultés que soulève la résolution du contrat de vente en droit africain des affaires. L'Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) créée par le Traité du 17 octobre 1993 organise les règles communautaires relatives à la résolution du contrat de vente. Le Livre VIII de l’Acte uniforme OHADA portant sur le Droit commercial Général a été adopté le 15 décembre 2010 et a abrogé l’Acte du 17 avril 1997. Selon l’article 281 de l’Acte uniforme, la résolution du contrat de vente ne survient que lors de l’inexécution totale ou partielle de l’obligation du cocontractant. Notre étude visera à évaluer les conséquences dans le droit de la vente OHADA de la substitution du critère de privation substantielle par celui de la gravité du comportement du débiteur justifiant une résolution unilatérale du contrat. Cette nouvelle position du droit de la vente OHADA se démarque dans une certaine mesure du droit matériel uniforme et rejoint un courant adapté aux impératifs socioéconomiques du commerce tant régional qu’international. En outre la partie lésée devra déterminer la gravité du comportement du débiteur au risque de voir sa demande sanctionnée pour défaut de droit et donner lieu à des dommages intérêts à l’autre partie. En effet, avec pour optique la nécessité de sauvegarder le contrat au nom du principe favor contractus, comment le juge détermine a posteriori si la gravité du comportement du cocontractant est suffisante pour anéantir le contrat? Ce nouveau critère de la gravité du comportement du cocontractant en droit de la vente OHADA vient supplanter le critère de la privation substantielle et fait cohabiter la traditionnelle résolution judiciaire avec celle de la résolution unilatérale dont les contours demeurent incertains. Les cas d’ouvertures liés à la résolution du contrat de vente OHADA pour inexécution des obligations fondamentales ou accessoires seront passés au crible de même que leurs effets sur les parties. Dans une approche comparatiste avec la Convention de Vienne et les règles de codifications privés telles que les Principes UNIDROIT ou du Droit Européen des Contrats il y a lieu de s’interroger sur la mise en œuvre et les conséquences de la résolution du contrat de vente OHADA par l’inexécution de l’obligation d’une des parties due à un manquement essentiel d’une part et à la gravité du comportement du débiteur d’autre part.The Treaty on Harmonisation of Business Law in Africa signed on October 17th, 1993 created the Organisation for Harmonisation of Business law in Africa (OHBLA).OHBLA organises common rules on resolution of sales contracts. The Book VIII of the Uniform act on General Commercial Law adopted on December 15th, 2010 replaces the previous act of April 17th, 1997. According to article 281 of this uniform act, contract resolution only occurs when there is a partial or total non execution of one party’s obligation. The present study is going to examine one of the difficulties that exist in the resolution of sales contracts in African business law. Our study will consist in evaluating the consequences of substitution of the substantial privation criteria by the seriousness of the debtor’s behaviour in OHBLA sales law. This substitution justifies a unilateral contract termination. This new OHBLA law position somehow distinguish itself from material uniform law and joins a new position socioeconomically more adapted to regional and even international business. Moreover, the prejudiced party will have to determine the gravity of the debtor’s behaviour risking to be punished for lack of motives and according damages to the other party. In fact, in order to save the contract by all means according to the favor contractus principle, how will the judge subsequently determine if the debtor’s behaviour gravity is enough to breach the contract? This new criterion of the gravity of a contracting party’s behaviour comes in replacement of the substantial privation criteria and enhances the cohabitation of the traditional judiciary termination and the unilateral cancellation which is still uncertainly defined. Cases related to contract resolution caused by non-execution of mandatory or accessory obligations in OHBLA law will be carefully examined as well as their effects on contracting parties. In a comparative approach with the Vienna Convention and private codifications such as UNIDROIT principles or European contract law, we will wonder about the use and the consequences of resolution of sales contract in OHBLA law caused by non-execution a mandatory obligation on one part and the gravity of one party’s behaviour on the other part

Making sense of methods – a conversation about qualitative research in library and information studies

Currently there is an embarrassment of riches with regards to the range of research methods appropriate for library and information studies [LIS]; including qualitative and quantitative methods as well as ‘mixed methods’. All of this provides a rich body of resources for researchers, but this abundance also has a downside since it can also result in confusion and perplexity amongst researchers as they plan their investigative studies. Contributions such as this special issue are welcome opportunities to resolve and ameliorate this situation, and so in our contribution we seek to address some of these issues in the form of an interchange between two researchers with interests that include, but are not limited to, research in LIS. Between us we have a wide range of publications, as well as 80 plus PhD completions, many of which fall under the heading of LIS – broadly conceived. In particular we would claim specific expertise in Grounded Theory [Bryant] and Action Research [Abbott-Halpin]. Our aim is to seek clarification of some of the key methodological issues; although we realize that this is unlikely to provide any definitive outcome, it may assist those seeking guidance on these matters

Production of Acacia auriculiformis A. Cunn. ex Benth. for reforestation in southern Benin

The viability of Acacia auriculiformis production system in southern Benin was studied from an analytical perspective combining the production techniques and the financial profitability. The driving research question was as follows: "Will the nurseries be able to supply the seedlings suited to successful reforestation programmes?" A survey was carried out among nursery holders in the Atlantique Department. The snowball sampling method enabled to survey 55 nursery holders, based on semi-structured interviews. Respondents provided data on the organisation of production, production techniques, production costs, and sales revenues. There were two types of nurseries: individual nurseries and collective nurseries. The stages of acacia seedlings production were as follows: seed collection, dormancy breaking, sowing, and cares for young seedlings. Overall, the production techniques used by nursery holders were effective. The net revenue for 1000 seedlings ranged between XOF 9000 and 26000. Collective nurseries had lower production costs, hence higher revenues, compared to individual nurseries. It is essential to support nursery holders through capacity strengthening training and the availability of good quality seeds

Prevalence and correlates of depressive symptoms in HIV-positive patients: a cross-sectional study among newly diagnosed patients in Yaoundé, Cameroon

BACKGROUND: Depression is one of the most common neuropsychiatric complications of HIV disease, and in turn it is associated with worse HIV-related outcomes. Data on depression among HIV-infected patients in Cameroon are scarce. In this study, we report the prevalence and correlates of depressive symptoms among newly diagnosed HIV-infected patients in Yaoundé, Cameroon. METHODS: Interviews were conducted with 100 newly diagnosed HIV-infected patients at three referral hospitals of Yaoundé. Depression was assessed using the nine-item Patient Health Questionnaire (PHQ-9). A positive depression screen was defined as PHQ-9 score greater than 9. RESULTS: The overall prevalence of depressive symptoms was 63% (95% CI: 53.2 to 71.8), the majority having symptoms corresponding to moderate depression. Multiple logistic regression analysis showed that probable depressed patients were more likely than those who were not depressed to have had experience of alcohol abuse (OR: 19.03, 95% CI 3.11-375.85; p = 0.0083), and a 100 CD4 cells/mm3 fewer was associated with a 2.9 times increase of the odds of probable depression (95% CI 1.88-4.84; p < 0.0001). CONCLUSIONS: Our findings indicate a high prevalence of depressive symptoms in newly diagnosed HIV-infected patients in our setting, and their association with alcohol abuse and severe immunosuppression. This study also highlights the necessity to integrate mental health interventions into routine HIV clinical care in Cameroon

Colonial coinage and financial development

Abstract. Until the 21st century, Africa remains the only region in the world where there are countries whose currency is derived from the colonial system. Very far from political and geostrategic considerations, the question has always been asked in order to know the effect of this lack of monetary sovereignty on the evolution of economic activity. Therefore, this study investigates the relationship between Colonial coinage and financial development by applying Generalised Method of Moments. The importance of this approach, is to deal with heterogeneity and endogeneity problems. The sample consist of 48 African countries data over 10 years. This study findings are like-minded with those of economic literature around the law, finance and endowment theory. They suggest that in sub-Saharan Africa, the quality of institutions has a very large influence on access to domestic credit. Moreover, the main enclave for the development of the financial system due to colonial coinage is the sluggish stability of the latter colonial coinage in Africa.Keywords. Colonial coinage, Cliometrics, Financial development, Institutions.JEL. E50, G20, K40

Epistasis not needed to explain low dN/dS

An important question in molecular evolution is whether an amino acid that occurs at a given position makes an independent contribution to fitness, or whether its effect depends on the state of other loci in the organism's genome, a phenomenon known as epistasis. In a recent letter to Nature, Breen et al. (2012) argued that epistasis must be "pervasive throughout protein evolution" because the observed ratio between the per-site rates of non-synonymous and synonymous substitutions (dN/dS) is much lower than would be expected in the absence of epistasis. However, when calculating the expected dN/dS ratio in the absence of epistasis, Breen et al. assumed that all amino acids observed in a protein alignment at any particular position have equal fitness. Here, we relax this unrealistic assumption and show that any dN/dS value can in principle be achieved at a site, without epistasis. Furthermore, for all nuclear and chloroplast genes in the Breen et al. dataset, we show that the observed dN/dS values and the observed patterns of amino acid diversity at each site are jointly consistent with a non-epistatic model of protein evolution.Comment: This manuscript is in response to "Epistasis as the primary factor in molecular evolution" by Breen et al. Nature 490, 535-538 (2012

Semi-vitrified porous kyanite mullite ceramics: Young modulus, microstructure and pore size evolution

Microporous porcelain formulations are successfully carried out through sintering processing. During the thermal treatment of ceramic products, it was found that the addition of kyanite together with ϕ- and γ-Al2O3 allowed to enhance interconnected pores network with micrometric size from 0.1 to 9 µm in a semi-vitrified composite. Between 1200 and 1350 °C, the mullitization of kyanite hindered the extension of vitrification and the growth of acicular mullite from the transformation of metakaolin. The main pores size decreased from 4.33 to 1.54 µm for the formulation containing 32 wt% of kyanite. In this interval the specific pore area increased from 0.64 to 8.75 m2 g−1 due to the total conversion of the kyanite to fibrous and acicular mullite that reduced the voids provided by the earlier mullitization. The improvement in the mullitization without extensive vitrification and grain growth and the reduction of the pores size with the increase in the specific pore area contributed to the formation of a microporous matrix with the Young's modulus increased from 7 to > 20 GPa. The microstructure of the microporous porcelain, their specific pore area and pores size as well as the interconnection of pores was found innovative for the applications in the field of engineering filtration where high mechanical strength, strain, stiffness and pressure resistance are required

Towards Visual Feedback Loops for Robot-Controlled Additive Manufacturing

Robotic additive manufacturing methods have enabled the design and fabrication of novel forms and material systems that represent an important step forward for architectural fabrication. However, a common problem in additive manufacturing is to predict and incorporate the dynamic behavior of the material that is the result of the complex confluence of forces and material properties that occur during fabrication. While there have been some approaches towards verification systems, to date most robotic additive manufacturing processes lack verification to ensure deposition accuracy. Inaccuracies, or in some instances critical errors, can occur due to robot dynamics, material self-deflection, material coiling, or timing shifts in the case of multi-material prints. This paper addresses that gap by presenting an approach that uses vision-based sensing systems to assist robotic additive manufacturing processes. Using online image analysis techniques, occupancy maps can be created and updated during the fabrication process to document the actual position of the previously deposited material. This development is an intermediary step towards closed-loop robotic control systems that combine workspace sensing capabilities with decision-making algorithms to adjust toolpaths to correct for errors or inaccuracies if necessary. The occupancy grid map provides a complete representation of the print that can be analyzed to determine various key aspects, such as, print quality, extrusion diameter, adhesion between printed parts, and intersections within the meshes. This valuable quantitative information regarding system robustness can be used to influence the system’s future actions. This approach will help ensure consistent print quality and sound tectonics in robotic additive manufacturing processes, improving on current techniques and extending the possibilities of robotic fabrication in architecture

Selective Constraints on Amino Acids Estimated by a Mechanistic Codon Substitution Model with Multiple Nucleotide Changes

Empirical substitution matrices represent the average tendencies of substitutions over various protein families by sacrificing gene-level resolution. We develop a codon-based model, in which mutational tendencies of codon, a genetic code, and the strength of selective constraints against amino acid replacements can be tailored to a given gene. First, selective constraints averaged over proteins are estimated by maximizing the likelihood of each 1-PAM matrix of empirical amino acid (JTT, WAG, and LG) and codon (KHG) substitution matrices. Then, selective constraints specific to given proteins are approximated as a linear function of those estimated from the empirical substitution matrices. Akaike information criterion (AIC) values indicate that a model allowing multiple nucleotide changes fits the empirical substitution matrices significantly better. Also, the ML estimates of transition-transversion bias obtained from these empirical matrices are not so large as previously estimated. The selective constraints are characteristic of proteins rather than species. However, their relative strengths among amino acid pairs can be approximated not to depend very much on protein families but amino acid pairs, because the present model, in which selective constraints are approximated to be a linear function of those estimated from the JTT/WAG/LG/KHG matrices, can provide a good fit to other empirical substitution matrices including cpREV for chloroplast proteins and mtREV for vertebrate mitochondrial proteins. The present codon-based model with the ML estimates of selective constraints and with adjustable mutation rates of nucleotide would be useful as a simple substitution model in ML and Bayesian inferences of molecular phylogenetic trees, and enables us to obtain biologically meaningful information at both nucleotide and amino acid levels from codon and protein sequences.Comment: Table 9 in this article includes corrections for errata in the Table 9 published in 10.1371/journal.pone.0017244. Supporting information is attached at the end of the article, and a computer-readable dataset of the ML estimates of selective constraints is available from 10.1371/journal.pone.001724