THE STATUS OF THE MINOR IN OHADA COMMERCIAL COMPANIES

Abstract

Research on the issue of minority has always been addressed through various legal mechanisms designed to enable those who are part of the minority to express themselves. It is to take into account their deep aspirations in order to promote their participation in society. As noted, the minority underlying the minor's disability also requires that, in circumstances where the minor's abilities and performance would command him, he be given the opportunity to think and act on his own.

Indeed, access to the commercial company presupposes on the part of the one who aspires to it a certain aptitude. The term generally refers to the ability of a person to acquire and exercise his or her own rights. If in principle the law requires the capacity to give consent to a contract, the legislator has been concerned about persons not fulfilling this condition and the minor in law OHADA has found his place among the partners. However, following a classic image, he does not appear personally on the social scene. It must be said, the exercise of a right commends that the person is reached a certain age then, the minor not fulfilling this criterion is placed under a regime of protection which obliges him to erase himself for the benefit of another person whom the law imposes on him: the legal representative.