فعالية الضمان في حماية المصالح التجارية للمستهلك

الملخص EN

The technological advance that has realized luxury and comfort, with the consumers need to satisfy their desires and needs push the professional to expose their products and offer their services by modern methods and different mechanisms.

Marketing done through tricky ways, promotional means and tempting propaganda and advertising.

In this way, they exploit the consumer who lacks technical expertise and scientific competence that qualify him to recognize to recognize the future of contractual relationships replaced by goods and services, which are very precise and complex in terms of their installation techniques or the nature of their components, with the possibility of being defective rendering them unusable for which they were prepared or they lack the specifications stipulated in the contract, in addition to the possibility of inherent flaws, which leads to diminish their economic value compared to what the consumer paid for it, and then deprived of access to optimum benefits from its financial resources.

Therefore, the economic interests of the consumer are directly affected by the failure of any of the constituent elements of the commodity or its economic value to be impaired.

Indirectly affected when the choice of the various goods and services offered shrinks, the consumer is always looking for the optimal utilization of goods and services in line with the financial costs he is obliged to pay, which has pushed the Algerian legislator to enact legal provisions that oblige the intruder to ensure the conformity of the product as well as the hidden defects that may occur, through the general provisions of civil law rules or through special provisions; whether Act n°: 09-03 on consumer protection and fraud suppression, or executive decree n° 13-237 specified for the terms and how to put the guarantee of goods and services into effect, or Act n°: 16-04 amending and supplementing Act n° 04-04 relating to standardization, or through law n° 13-378 defining the terms and conditions of consumer information and other special rules for consumer protection in general.