آليات حماية المستهلك الإلكتروني في مواجهة الشروط التعسفية

Abstract EN

Contracts are usually concluded after several negotiations between the contracting parties, because the principle of the power of the will as a general principle prevails in concluding contracts, so the contractor is not subject to duties unless he has voluntarily accepted it.

When the contractor is willing to commit himself to his free will, he must implement it according to what it contains and in good faith throughout all stages of the contractual process, starting from the stage of its conclusion to the end of its implementation.

The contract is the Shari'a of the contractors.

It is not permissible to revoke it or amend it except with the agreement of the parties or for the reasons determined by the law (Article 166 civil law).

However, the practical reality has proven the imbalance between the contracting parties in many areas, as one of them is in a position of power that enables him to dictate his will to the other contractor who cannot be assured that he has accepted the contract on the basis of free will.

Whereas, the electronic consumption contract is between a professional with experience, know-how and economic strength that allows him to include the contract abusive clauses and dictate them to the other contractor, who is the consumer who is in a weak position due to his ignorance, lack of information, and his attraction to electronic advertisements via the Internet, which forces him to conclude the contract.

Accordingly, protection must be provided to the consumer as the weak party to face the arbitrary conditions included in the electronic consumption contract.

What are the means that enable him to do so?