The Proportionality of the Guarantee: Comparative Law Study in OHADA Law French Law and German Law

Author: Nelly GĂ©raldine NYIA ENGON

Type: Article

ref: 52021685-706

N0:5 of 2021

Pages: 685-706

The proportionality of the guarantee finds one of its most explicit formulations in French and German laws where it is fully developed in the professionals and consumers relationships to the point that it can be considered as a European notion. The most extreme example is German law where the authors of the reform of the BGB in force since the 1rst January 2002 wanted to make the consumer law transparent and accessible by its civil codification within the BGB considering that consumer law should be regarded as the place of remedying structural imbalance of the parties