JOURNAL ARTICLE
The potency of the OHADA law in the African digital economy.
Published In: Uniform Law Review, 2024, v. 29, n. 3. P. 473 1 of 3
Database: Legal Source 2 of 3
Authored By: Djieufack, Roland 3 of 3
Abstract
This article critically examines the Organisation for the Harmonisation of Business Laws in Africa's (OHADA) Uniform Act on General Commercial Law (UAGCL) and its shortcomings in addressing technological advancements impacting commercial transactions, particularly in the digital economy. It highlights that the UAGCL, primarily designed for traditional sale of goods contracts between businesses, lacks explicit provisions for e-commerce, digital goods, electronic signatures, cryptocurrencies, and artificial intelligence, limiting its applicability in modern cross-border trade within OHADA member states. The article also discusses challenges related to contract formation and the determination of parties' places of business in online transactions under the UAGCL. Concluding that while some flexibility exists, the UAGCL requires comprehensive revision to incorporate technological innovations and better regulate digital commerce in Africa’s evolving business landscape.
Additional Information
- Source:Uniform Law Review. 2024/08, Vol. 29, Issue 3, p473
- Document Type:Article
- Subject Area:Law
- Publication Date:2024
- ISSN:11243694
- DOI:10.1093/ulr/unae041
- Accession Number:181970035
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