In most modern legislations, the exercise of a professional activity is conditional on legal capacity. In the absence of legal capacity, a human being cannot claim to be capable of carrying out an act protected by law.In the case of a commercial activity, for example, the person carrying it out must first be authorized by the national, regional or international legislator. This is the focus of our study of commercial capacity under OHADA law.OHADA is a legal tool devised and implemented by Africa to promote economic integration and growth.Indeed, we are convinced that the mistrust of economic operators manifested by the slowdown in investment in Africa was due to the excessive variety of regulations and dispute resolution procedures applicable to business law, a source of genuine legal and judicial insecurity.