Overview

The birth of a new preventive procedure in OHADA law for companies in difficulty following the reform of the Uniform Act relating to the organization of collective procedures for the settlement of liabilities, called conciliation, establishes the principle of confidentiality in this matter. Confidentiality then takes up residence in a procedure whose purpose is the conclusion of an amicable agreement between the debtor and his creditors. As a principle, the confidentiality around which the preventive conciliation procedure is built has a legal regime of notable particularity. At first glance, confidentiality has a specific domain and a precise scope. Its domain materializes at the moment the preventive procedure is triggered, its outcome not being spared. However, such an essential principle during the preventive treatment of a company's difficulties, introduced by the OHADA legislator in matters of conciliation, conceals a value which extends to the protection of the debtor company and the effectiveness of the preventive conciliation procedure.

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