الطبيعة القانونية لحق المستهلك في الفسخ في إطار أنظمة التجارة الإلكترونية : دراسة مقارنة

الملخص EN

The contract concluded via the Internet (electronic contract) is one of the contracts concluded at a distance, but it is characterized by a special subjectivity imposed by the means of contracting itself, where acceptance meets with affirmation on an international open network for distance communication, by means of audio and video.

It is a means that allows- so to speak- a kind of contemporary virtual presence (Présence Virtuelle Simultanée) between the two parties, although the contract is made- physicallybetween absentees.

However, this virtual presence may preventhowever- from verifying the identity of the contractor, his eligibility and his capacity in the contract, just as the consumer may not be able to accurately judge the commodity he contracts with before he sees it upon delivery, no matter how accurate and honest the seller's description of it is.

This prompted some to think about how to protect the so-called "electronic consumer".

Considering the contract concluded via the Internet as one of the contracts concluded remotely entails some important effects, especially noting that in the case of contracts concluded remotely, the consumer enjoys the right or license of droit de rétractation, which is the solution adopted by the French legislator as well as the European directive issued in 1997 regarding Remote contracts this on the one hand.

On the other hand, the legislation of some countries- including Egypt, Saudi Arabia and Tunisia- tended to explicitly support the consumer's right to withdraw from the contract within a certain period, as an exception to the general principle that states that "the contract is the law of the contracting parties" By agreement of both parties.

As for some other countries, the legislator did not seem to realize the extent of the urgent need to intervene to protect the consumer in general with special provisions, and therefore, it is inevitable to resort to the general rules in this regard.