A Critical Analysis of the Remedies for Breach of an Electronic Commercial Transaction under OHADA Uniform Act on General Commercial Law
Keywords:
OHADA, Conformity, Remedies, Defective, Goods, UAGCL, CameroonAbstract
This research paper seeks to conduct an assessment of the parties’ remedies for breach of an electronic commercial transaction under the OHADA Uniform Act on General Commercial Law (UAGCL). The main aim is to critically examine the relevant provisions, so as to comprehend how the regime has dealt with issues as to those remedies and to identify particular areas of limitations. In its examination of the Uniform Act, it tries to scrutinize what remedies are available for the buyer and the seller who have suffered a breach in the contract. An emphasis is placed on questioning what way the various courses of action open to the aggrieved party is unfolded as well as what requirements must be fulfilled for the parties to exercise each remedy. The methodology employed in this article is purely doctrinal which is based on both primary and secondary data. The paper concludes with some robust recommendations which if effectively implemented will go a long way to enhance commercial trasactions amongst OHADA member states.
References
1. The OHADA currently has 17 members, mostly from French speaking West and Central Africa. They include: Benin, Burkina Faso, Central African Republic, Chad, Cameroon, Comoros, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Mali, Niger, Senegal, Togo, Guinea, Guinea - Bissau and D.R. Congo. https://www. ohada.org/index.php/en/ohada-in-a- nutshell/general-overview.
2. Available online at: < https://www. ohada.org/index.php/en/ohada-reference- texts/uniform-acts>
3. The original version was produced in 1997, but later revised in 2010. So, the revised version shall be the one to rely on.
4. Available online at: https://www.ohada. org/attachments/article/482/AUDCG_EN_ Reviewed_Unofficial_Translation.pdf.
5. Hereinafter referred variously as ‘UAGCL’ or ‘Uniform Act’. Th is is known in French as OHADA, Acte Uniforme portant sur le Droit Commercial Général, found in the Official Gazette of OHADA, No. 23, of 15th February 2011, http://www.ohada.com/textes.
6. Nzalie, J. Ebi, (2002), Reflecting on OHADA Law Reform Mission: Its Impact JCGIBL (2020) 8–13 © Law Journals 2020. All Rights Reserved Page 13 on certain aspects of Company Law in Anglophone Cameroon, (6) Annales De La Faculté Des Sciences Juridiques Et Politiques, Université de Dschang, pp. 97–119.
7. Article 245.
8. Article 246.
9. Article 247.
10. Article 263.
11. Articles 264 & 265.
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13. Article 248.
14. Article 250.
15. Article 251.
16. Articles 252 & 253.
17. Article 254.
18. Article 255.
19. Article 256.
20. Article 257.
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30. Restitutio in tergrum. Cite this Article Ngwa Shu Princewill . A Critical Analysis of the Remedies for Breach of an Electronic Commercial Transaction under OHADA Uniform Act on General Commercial Law. Journal of Corporate Governance & International Business Law. November 2020; 3(2): 8–13p.
