Volume 6, Issue 2, December 2016 Juridical Tribune
materialized its commitment to modernize fiscal and legal framework of
commercial activity. This modernization emerges from the substantial difference
between the new version and the old Law No. 90/031 of 10 August 1990
specifying the conditions to carry a commercial activity in Cameroon
. What about
balance in contracts?
The word balance means "The harmonious proportion, the correct ratio
between two opposite elements, the fair distribution of parts of a whole"
. Law No.
2015/018 of 21 December 2015 advocates two mechanisms of protection against
contractual imbalance: the classical protection proposed by the autonomy of the
will and the intervention of the State. In 2011, the legislature passed the
Framework Law No. 2011/012 concerning consumer protection in Cameroon
order to fight against unfair terms imposed by a supplier or service provider who
benefit from an unreasonable or excessive superiority. The law of December 21,
2015 abounds in the same direction, and reminds the merchant imperatively not to
take advantage of his economic abilities and skills to disadvantage the consumer
odiously. As drafted, the content of Law No. 2015/018 of 21 December 2015
governing commercial activity in Cameroon seems to protect the consumer against
, and give little importance to the latter, when confronted with a
stronger counterparty who abuses his power. It is reasonable to ask whether it is
appropriate to repeat as many provisions for the benefit of the consumer, whereas it
is up to consumer law to organize trade between the person who uses the products
to satisfy his own needs and not for resale, process or use them as part of his
The answer is yes for three reasons. First the Law n° 2011/012 of May 6,
2011 concerning consumer protection in Cameroon is a framework law; therefore it
is too general, and sparse
. For this reason then it does not identify the crucial
issues of consumer law
. It refers only to restrictive business practices
Art icle 4 of the law of December 21, 2015 facilitates the understanding of t he provisions through
the definitions of notions and words sp ecific to the national and local commercial landscape, as a
distributor wholesaler, mall, wholesale, business, consumer, professional, Distribut ion, secondhand
trade, non-sedentary t rade, act of commerce by nat ure, commercial activity , entrepreneur,
submission to regional accounting standards.
Dictionary Le Nouveau Petit Robert, p. 914.
Designated thereafter "2011 Framework Law". See F. Biboum Bikay, Droit camerounais de la
consommation, éd. Presses Universitaires Libres, 2016.
The consumer is also referred t o in the law of D ecember 21, 2015. The legislator expressly cites it
twenty -eight times in the provisions relating to the prot ection of the weaker party.
Art icle 2 of the 2011Framework Law and article 4 de Law of D ecember 21, 2015. See F. Biboum
Bikay, Droit camerounais de la consommation, op. cit., p . 13.
The Framework Law No. 2011/012 of 06 M ay 2011 on consumer protection in Cameroon contains
only 39 articles. In foreign legislation, Codes are intended for consumer law.
Such as aggressive sales, fraudulent maneuvering, fraudulent reticence, illegal p ractices,
subordination of contracts t o game conditions, lottery, or other p roduct subscription, refusal to sell
from the trader, price terms And the characteristics of the goods or services sought.
Art. 2 of the 2011 Framework Law: " Restrictive business p ractice: any commercial practice that
requires the consumer to purchase, lease or procure any technology, good or service as a condition
or prerequisite to p urchase, lease or acquire any other technology, good or service".