Abstract

Abstract:

The contract is a legal means for protecting rights and implementing obligations, and its principles emanating from the principle of the authority of will were characterized by great importance within the framework of civil law. However, in the midst of economic developments that affected various areas of life, modern transactions emerged, requiring new methods of dealing, as a result of the transition from Mass production reached the stage of abundant consumption, which led to an expansion of the circle of so-called contracts, which resulted in the separation of many contracts and their entry into special legislation, which increased with them the expansion of the circle of regulation at the expense of legislation; Among the most prominent of these contracts and the most prominent of these pieces of legislation in this context are consumer relations, the regulation of which required special legislation to protect the consumer. With these recent legislations, the concept of the class of consumers on the one hand, and the concept of economic stakeholders on the other hand, emerged ; Given the difference in doctrinal positions between these two sects, especially in terms of the cognitive and economic aspects, protective legislation in the field of consumer protection attempted to borrow rules from the civil law to confront the state of weakness that the consumer experiences in his consumer relationships and to establish a doctrinal balance in the newness of these relationships, so it went initially. To modify it to find appropriate solutions before it ends up inventing mechanisms that are inconsistent in their entirety with the general principles of the contract, so it became clear that a crisis has emerged that has affected the general theory of the contract as a result of the inadequacy of its rules and principles in confronting the contractual weakness in consumer relations, and its inability to restore the lost balance in These relationships are new ; It has become necessary for the legislator to rely on new protective mechanisms inspired by the foundations of a new public system, according to which he is able to intervene in contractual relations to which he is not a party in order to confront contractual weakness. Thus, the protective public system emerged, which is characterized by its positive role, as through it the legislator is able to impose The contract was pre-contained with protective legal obligations, both during its formation and during its implementation, which resulted in the following:
- At the stage of contract formation; The decline of the principle of consent due to the innovation of a media formality. The principle of contractual freedom has been restricted by protective legal obligations that fall on the intervener as the stronger party in the consumer relationship.
- At the contract implementation stage; The principle of the binding force of the contract was exceeded by the legislator on the occasion of confronting arbitrary conditions with protective legislative methods, and on the occasion of approving the consumer’s right to withdraw from the contract. As for the principle of the relative effect of the contract, the other legislator overtook it, beginning with its definition of the personal scope in consumer relations, passing through its approval of the idea of interconnection between contracts within the framework of consumer relations, all the way to its approval of the right of the consumer to have direct recourse against every intervenor in the process of offering the product for consumption, even if he is not associated with him. A contractual relationship, and finally recognition of consumer protection associations’ right to defend the interests of the consumer group before judicial authorities.
Keywords;
Principle Of Dominione ; Weakness ; Consumer ; Consumption Contract

Information

Item Type:	Thesis
Divisions:	» Faculty of Law and Political Sciences
ePrint ID:	4935
Date Deposited:	2024-05-08
Further Information:	Google Scholar
URI:	https://www.univ-soukahras.dz/en/publication/article/4935

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