الإطار القانوني لمسؤولية المنتج المستحدثة وفق القانونين الجزائري والفرنسي

الملخص EN

Jurisprudence differed on the establishment of supplier responsibility, and there were many aspects of supplier accountability according to the Algerian civil law, either based on his personal actions, or on his defective products, which is defined as a special legal responsibility, as it is not a contractual or tort liability, but rather an objective responsibility for the supplier.

and by projecting the conformity obligation which is imposed on him by anti-fraud and consumer protection act-amended and supplemented-, as an intervening party, liability is established once the defect in the product is proven to have caused harm to the consumer resulting from the supplier's breach of his obligation, or because of his mistake in implementing this obligation resulting in damage.

but he can get rid of the forms of tort liability in certain cases, and for this reason, we will discuss in this regard the bases for establishing the different responsibility of the supplier, and the reasons for the mitigation or exemption, especially resulting from the implementation of the compliance obligation by him, and then the consumer is harmed by the conforming product, and this case was dealt with by the French legislator.