Rethinking the Place of E-commerce Transactions under The Harmonization of Business Law inAfrica (OHADA)

Abstract

The contemporary trend of electronic commerce transactions has been identified as a significant
development in the realm of business, with social networks emerging as effective platforms for
conducting global commerce. While the OHADA Law through its Uniform Act on General Commercial
Law does not expressly address electronic commerce, this study contends that the borderless and
faceless nature of technology cannot be disregarded, as it has significantly amplified the prevalence of
trans-border commercial transactions. The central objective of this study therefore is to test the potency
of OHADA Law through its Uniform Act on General Commercial Law in regulating specifically e-
commerce transactions when applying traditional contract law rules to the buying and selling of goods.
As this study employs an in-depth critical analysis of the provisions of the Uniform Act, it firmly asserts
the imperative need for the enactment of a uniform framework capable of regulating this critical aspect
of online business transactions in this contemporary era.