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<div> Jurisdictional Gaps in Electronic Contracts: A Critical Review of Tanzania's Electronic Transactions Act </div>

Domain:

digital infrastructure

Record type:

paper
Creator:
Nya
Publisher:
Elsevier BV
Host:
The growth of digital technology has made electronic contracts a daily commercial reality for millions of Tanzanians, yet the Electronic Transactions Act, No. 13 of 2015, contains no coherent jurisdictional framework for resolving disputes arising from them. Using a doctrinal methodology combining statutory analysis, case law and comparative research, this article identifies eight specific jurisdictional gaps in the Act: the absence of territorial jurisdiction rules, unadopted pecuniary thresholds, the lack of a basis for asserting jurisdiction over foreign online traders, the absence of a choice of law framework, inadequate provision for service of process, weak mechanisms for recognizing foreign judgments, silence on smart contracts and artificial intelligence, and unenforceable cross-border consumer protection. Drawing on South African, Ugandan, European Union and international models, the article proposes specific legislative amendments and policy measures to close these gaps.

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