العدول بين الحماية الإجرائية للقواعد العامة و القوانين الخاصة بالمستهلك

Abstract EN

In the face of an ever-evolving practical reality, in which the consumer needs precise qualitative protection mechanisms, The general rules showed a clear lack of achieving this destination, and because the basis of consumer protection laws is to protect the weak party, the legislation intervened to address the consequences of the deficiency and maintain the contractual balance in order to organize some solutions.

ـBetween the imposition of obligations and the granting of guaranteesـ it was devoted to an exception to the general principles by granting the consumer a renouncin the contract, as an affirmative measure of the necessity of the integrity his satisfaction.

The Algerian legislator, like other legislators, recognized the right to recede despite its application at the beginning on some contracts, it was established under special and separate laws and regulations, including Law No.

04/06 related to insurance, and Executive Decree No.

15/114 pertaining to the terms and conditions of offers in the field of consumer loans, then Law No.

09/18 related to consumer protection came with an explicit provision on the right of recusal, specifying some of its procedures, leaving the details of them for regulation.