The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon

• Main Author: Joseph Emmanuel Yayi Lipem
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2016-12-01
• Series: Juridical Tribune
• Subjects: Contractual Balance; Weaker Party; Significant imbalance; Unfair terms; Evidence
• Online Access: http://tribunajuridica.eu/arhiva/An6v22/26%20Yayi.pdf

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.