Unofficial translaction
ARTICLE 132-Unless otherwise agreed by the parties, disputes arising from the application of
the provisions of Title I of this Book shall be brought, at the request of the most diligent party,
before the competent court, ruling expeditiously, in the jurisdiction where are located the leased
premises,unless otherwise stipulated in this Book.
CHAPTER VII: TERMINATION OFA LEASE
ARTICLE 133-Lessees and lessors are respectively required to comply with each of the
clauses and conditions of the lease under penalty oftermination.
Any writ for the purposes of terminatinga lease must be preceded by a formal notice requiring
compliance with clauses or conditions that were breached. Formal notice shall be served by
bailiff or notified by any means showing actual receipt by the addressee.
Under penalty of nullity, the formal notice must indicate the clause(s) and conditions of the
lease that were not observed and inform the recipient that in the event of non-compliance within
a period of one month from the receipt of the notice, a competent court, ruling expeditiously,
shall be seized for the purposes of terminating the lease and eviction, where appropriate, of the
lessee and anybody occupying the premises under agreement with such lessee.
The lease agreement may provide for an automatic termination clause. The competent court
ruling expeditiously shall record the lease termination and pronounce, where appropriate, the
eviction of the lessee and anybody occupying the premise under agreement with the lessee, in
case of breach of a clause or condition of the lease following the formal notice referred to in the
foregoing.
The party intending to pursuetermination of the lease must forward the copy of the writ
instituting the proceedings to any registered creditors.The decision pronouncing or recognizing
the terminationofthe leasemay only interveneafterthe expiryof a period of one
monthfollowingthenotification of the request to registered creditors.
CHAPTER VIII: PUBLIC POLICY PROVISIONS
ARTICLE 134–The following articles are public policy provisions: 101, 102, 103, 107, 110,
111, 117, 123, 124, 125, 126, 127, 130 and 133 of this uniform Act.
Unless otherwise agreed between the lessor and the entrepreneur, the lessee shall not be entitled
to either the right to renew the lease, or the right to judicial setting of rent of the renewed lease.
TITLE II:THE ENTERPRISE
CHAPTER I: DEFINITION OF ENTERPRISE
OHADA / Uniform Act / Unofficial Translations
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