دور لجنة البنود التعسفية في حماية المستهلك من التعسف : دراسة مقارنة بين القانون الفرنسي و الجزائري

الملخص EN

The great increase in dealing with model contracts and adhesion contracts has contributed to the formation of a fertile environment for imposing abusive Clauses in consumption contracts, as these contracts are often presented in the form of pre-prepared models unilaterally by the interlocutor, and because of his economic and legal superiority, the consumer cannot reject or discuss them.

Therefore, the latter must be provided with the necessary protection as a weak party and a nodal balance must be achieved between it and the interfering.

Most of the modern legislations have sought to fight against contracts' abusiveness by using the System of Prohibited Clauses Lists.

The Abusive Terms Commission has been also created as an advisory management body that searches for the Abusive Clauses in contract forms and suggests to amend or delete them, In this context, it also helps all actors, beginning with the concerned administrations, the judiciary and consumer protection associations, by giving opinions and Drafting Recommendations that are not binding on them unless they are implemented by decree.