حق المستهلك في العدول عن التعاقد في عقد البيع على التصاميم

Abstract EN

It has been mentioned in the amendment of law 09/03 related to consumer protection and supression of fraud in 2018, article 19, a new right for consumers wich is the right of retraction, but the legislator made them locked into a regulation that has not been issued yet.

The justifications for this right to retract the movable capital are based on the weakness of the consumers position when contracting, comparable to the strength of the professional, as well as his haste and lack of prudence upon conclusion of the contract due the impact of intense commercial advertising and publicity.

These justifications are also available when the consumer is about to conclude a real estate contract, and the need to adopt this right increases when the sale is financial futures, as is the case in the contract of sale on desingns, so the field of real estate in general and the contract of sale on desings in particular, is a fertile and common field in wich the consumer suffers from the impact of advertising and publicity and the need to obtain gousing in an expensive and independent real estate market.

Accordingly, the consumers need for the right to retract in the sale contarct on designs is justified to achieve contractual balance, and as long as the regulation for the right to retract has not been issued yet, the legislator may confirm and help the real estate consumer of thid right.