الحماية القانونية للمستهلك في عقود التجارة الإلكترونية

الملخص EN

The use of technology in electronic contract requires the institution of a supplementary protection, notably for the consumer who constitutes the feeble part in these new types of contracts.

These technologies have indeed increased unbalanced contracts which appeared with consumers’ contract.

The consumer who is the axis of the consumption operation finds himself in a feeble situation, contrary to the tradesman who constitutes the strong part, that results from his mastery of the mechanisms of management of the electronic trade.

In fact, the need for additional consumers’ protection laws has become a necessity in order to face the malevolent practices in the world of trade, offer confidence to the consumers, and establish a balanced relation between these last and the tradesmen.

In this context, we note that the application of the general rules in this kind of trade is possible in order to reinforce the consumer’s protection.

Although the use of new technologies allowed the consumer to solve several problems and to reach the markets which he could not reach through the classic rules, other problems have appeared such the consumer’s inability to negotiate the rules of contract and the pressure of the advertisements.

Thus, the backing of the consumer’s protection rules constitutes a maj or necessity to the legislator.