حق الرجوع في العقد الإلكتروني : دراسة مقارنة

الملخص EN

The right of retraction to electronic contracting is one of the modern legal mechanisms used by the Algerian legislator with a view to providing effective protection for the consent of the remotely contracted consumer through modern means of communication, including the Internet, or the so-called electronic consumer.

This right is seen as a departure from the principle of the binding force of the contract, but it finds its fundamental justification for the need to protect the electronic consumer as the weak party in the face of the electronic payment.

The consumer does not have the real or real possibility to inspect the good and verify its quality or the services offered before the contract is entered into via the Internet, so the legislation governing electronic transactions gives the consumer the right to revert to a contract when he contracts so hastily.