خصوصية المسؤولية المدنية في مرحلة تكوين العقد الاستهلاكي

Abstract EN

Civil liability remains an important mechanism that was and still occupies a prominent position in order to establish the protection required at the stage of contract formation.

Therefore, the legislator granted the contractor the victim of violating the legal rules the right to file a lawsuit to claim protection of his right in the face of the proliferation of consumer risks.

The stage of contract formation is the period allotted for establishing a contractual relationship that aims to establish a contract based on the will of its two parties, without prejudice to public and private interests.

Thus, after our treatment of the subject under study and analysis, we recorded that the requirements fluctuate between weakness and strength or between stability and development, so that the elements of responsibility developed in line with the specificity of the consumer contract, allowing him to protect his legitimate rights.

As for the civil penalty at the stage of contract formation, the regulating texts were known.

It has weariness and weakness that makes it not up to the protection required and expected by the consumer.

This is mainly due to the reliance on the general rules that showed their shortcomings and their incompatibility with modern trends.