ضمانات عدم تعسف المستهلك في استعمال حقه في العدول عن العقد في ظل قانون حماية المستهلك و قمع الغش 09-03

Abstract EN

In the article 19, law No 09-03, which related to consumer's protection and the suppression of fraud, the Algerian legislator regulates the consumer's right of withdrawing.

But, the article did not set rules to control the consumer's use of this right, such as the period to be permissible to withdraw as well as the consumer has not used the goods in the commodities contract.

As the services contracts concerned, the contract has not been started yet or was not completed.

As a result of the ence of these rules, the consumer misuses his right of redressing.

Thus, there is no balance between the principle of binding force of the contract and this right.