النظام القانوني للجنة البنود التعسفية في ظل المرسوم التنفيذي رقم 06-306

الملخص EN

The Algerian legislator has endeavoured to protect the consumers from abusive clauses by providing a special legal regime to ensure such protection.

The issuance of Law No.

04-02, defining the rules applicable to business practices (BP), a long with executive decree No.

06-306, which determine the basic elements of concluded contracts among the economic agents, the consumers and the terms considered abusivedespite the role of the committee of abusive terms in the control of abusive clauses, it does not have the binding and the compulsory elements required to initiate this protection.

The fuctioning of the Committee can provides an overview of taking the form of recommendations reported to the Minister of Trade, which have no binding legal force either for the parties or for the judge, unless they are applied by a decree.