حق العدول عن العقد آلية لحماية المستهلك الإلكتروني

الملخص EN

The technological revolution has made a significant change in the process of interpersonal communication, particularly in the way of concluding contracts.

The contract of consumption is one of the most contracts made in the electronic ways, especially the Internet.

The consumer agrees to conclude such contracts with the professional promptly to acquire the goods or the service without thinking and reflection.

Indeed, He did not see the commodity but saw its image on the computer screen.

Especially if we know that the professional always seeks to attract a large number of consumers using enticing advertising means that affect the psyche of the consumer.

In order to protect him, many legislations texts grant him the right of desistance from the contract after its conclusion, which is known as the faculty for the consumer to desist from contract unilaterally within a fixed time limit either by law or agreement and even if it did not cause any harm.

It is a complementary right for the consumer in addition to the right of information, although some legislations have prohibited granting this right because it violates the principle of binding force of the contract.

The right to desistance appears on all the electronic contracts, either goods or services.

It belongs to the public order which is not agreed to be cancelled because it is promulgated to protect the consumer as a weak party in facing the professional, on the one hand.

And on the other hand, it is not an absolute right, but there are restrictions stated on him for the protection of the professional