حماية الرغبة المشروعة للمستهلك بين مبدأ سلطان الإرادة و ضرورة تدخل النظام العام الاقتصادي

الملخص EN

Today more than ever, the consumer is exposed to fraud and deception on the part of the stakeholders with whom he deals, and this is the result of his weak position, so he is in the position of the consenting party in the face of the interference part, the strong part of the consumer relationship.

although the civil code left the freedom to choose the terms of the contract by agreement of both parties in accordance with the principle of domination of the will, it was noted that it did not provide for consumer protection in consumer contracts.

this required the intervention of the legislator to adjust the balance.

the objective of the study is to show the role of the legislator in the protection of the consumer against these behaviors through the law of consumer protection and repression of fraud n ° 09-03, following the analytical and comparative approach of the texts.

legal and comparative.

the result is the ineffectiveness of laws protecting consumers in Algeria.

for several reasons, the most important of which are : the lack of control by the competent administrative services, but also the consumer's ignorance of his rights and claims.