ممارسة المستهلك لحق العدول : بين الإطلاق و التقييد

الملخص EN

Retraction is the consumer's right to withdraw from the contract he concluded, and granting the consumer the right to practice retraction finds its justification in being the weak party in the contractual relationship in the face of the professional, as well as the means used by the professional to promote his products and what may cause misleading to the consumer, as the latter practices it as it is related to public order.

It is a right subject to the full and discretionary authority of the consumer to exercise it without compensation, although the exercise of this right was granted by the legislator exclusively to the consumer, but he restricted it for a limited period of time in order to maintain the stability of transactions.

Legislations differed about the amount of this period, as it ranges in total between seven and thirty days, depending on the circumstances of each legislator as well as the nature of the subject of the contract.

Legislation has limited this right to some contracts in which the consumer sees the need for deliberation and reflection.

key words: Right of retraction; Consumer; Professional; weak side in contract; consumption contract.