SESSIONS ON THE UNIFORM ACT ON GOODS TRANSPORTATION LAW BY ROAD

After recalling the origins of this Uniform Act on the transportation of goods by road signed in Yaounde on March 22, 2003 and enforced on January 1 st , 2004, were presented the innovations of this Uniform Act, then its shortcomings and implementation problems, in addition to some developments on the formation and execution of these types of contracts.

As to the innovations , on top of those relating to the form and the substance first presented, have been emphasized :

. the adoption by Ohada Law of the international standards of the Convention on the international transportation of goods by road as to the carriers' liability : with a presumption as regards the carriers' liability in the event of loss, damage or delay, liability which though lessened when there are some exonerating events leading to a reversal of the burden of proof ;

. the cancellation of the demurrer or foreclosure as to receivers as provided for in article 105 of the Commercial Code.

Among the shortcomings pointed out, are some missing provisions (example : no expert appraisal on goods, no foreclosure as regards the receivers) and some incoherent stands (ex : dangerous goods excluded from the scope of the Uniform Act but still governed by some of its provisions).

It has been underlined that no so many implementation problems appear conspicuously now in view of the very limited implementation of this Uniform Act up to now.