حق العدول عن العقد كآلية حمائية للمستهلك

Abstract EN

It is agreed in the general rules of the Civil Code that, the contract, when is concluded by a gathering of all its elements and conditions, has acquired binding force; no one of the parties could cancel it or amend it.

This is known as the principle of contract is the coran of contractors, which is cited in Article 106 of the Algerian Civil Code, but the technological development, and the emergence of consumption contracts, with its particularities in the contract, clearly revealed the shortcomings of the previous principle, where it became adherence to this principle entirely, Does not guarantee the desired balance contracting; because the consumer buys a commodity which unknown, and its specificities , and the extent of the expected needs and Because of the power of advertising that can easily influence the consumer, various modern consumer protection legislation has reduced the binding force of the contract by giving the consumer the right to renounce the contract within a period of time, during which he verifies the suitability of the commodity to his legitimate needs.

Although this right is new in positive law, Islamic jurisprudence has taken the lead in addressing the relevant provisions through various theories, such as the theory of options.

We have tried in this study to address the right of the consumer to renounce the contract, and compared with similar systems in Islamic jurisprudence, such as the option of the Council, and the option of vision.