ضوابط و حدود سلطة القاضي في التصدي للشروط التعسفية المدرجة في العقد الاستهلاكي

الملخص EN

The inability of the general rules of the Civil Code to provide the necessary protection for the consumer, and sufficient legal guarantees for judicial intervention in order to control and eliminate the arbitrary conditions included by professionals in consumer contracts, prompted the Moroccan legislator to enact a new consumer protection law law31.08, which allowed the Moroccan judiciary to intervene to monitor the arbitrary extent of the conditions in the consumer contract in question.

given the seriousness of the arbitrary conditions on the consumer's interests, the Moroccan legislator granted it a strict legal framing through the entire third section of law 31.08 that was entitled to "protect the consumer from arbitrary conditions".

Besides, the legislator gave the judge broad and important discretionary power in order to assess the arbitrary nature of the conditions included in the consumer contract, however, he surrounded them with a set of legal controls that the judge must consider when dismissing such disputes.

Through this study, we have tried to stand by the controls and limits of the judge's discretion in addressing the arbitrary conditions included in the consumer contract, all by stopping at the latest jurisprudence and analyzing it in terms of its adequacy in consumer protection; With a considerable openness to Moroccan jurisprudence and doctrinal studies, and we urge our judicial system to consider this study to reach a contract equilibrium.