توصيات لجنة البنود التعسفية كألية لحماية المستهلك بين عدم الإلزامية وضرورة التطبيق: دراسة مقارنة

الملخص EN

The liberalization of trade, industry and intensive distribution of goods and services has contributed to create a fertile environment for Adhesion Contracts and Consumption as they are often presented in the form of model contracts pre-prepared unilaterally by the interventionist.

Because of the consumer's distinct economic or legal position, he cannot reject or even discuss them, this calls for providing the necessary protection for the latter as a weak party in the contractual relationship.

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.