Scientific Publications

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Abstract

The significant importance that the Algerian legislator places on establishing
contractual balance and providing greater protection for the weaker party is evident
through its intervention with warranty provisions. These provisions find their usual
scope in the general contract rules governed by civil law, serving as the legal
mechanism that ensures the seller’s commitment to guarantee against personal
interference and third-party claims on the sold item. This aspect has been excluded
from our study, as our focus is on the obligation to deliver a product that is
conforming and free from hidden defects, ensuring it fulfills the intended purpose of
the purchase, along with the agreement on ensuring the product’s functionality for a
specified period.
However, with the industrial and technological advancements in production
processes and the emergence of highly intricate and complex products, these rules
have become insufficient to protect the average consumer, whether economically or
in terms of physical safety, in the face of economically and technically superior
sellers. This situation has compelled the Algerian legislator to intervene with specific
consumer protection laws enshrined in the constitution, which ensure the consumer’s
right to mandatory warranty and after-sales service. These protections are provided
under Law 09-03 on consumer protection and fraud prevention, as amended and
supplemented, along with the executive decrees that regulate these obligations.
Keywords: Consumer protection ,hidden defects warranty, product
suitability, mandatory warranty, after-sales service


BibTex

@phdthesis{uniusa5434,
    title={أحكام الالتزام بالضمان بين قانون حماية المستهلك والقواعد العامة في الجزائر},
    author={mohammed BEKKAR},
    year={2025},
    school={University of souk ahras}
}