The consumer between contractual freedom and economic coercion

Abstract EN

The economic transformation contributed to the abandonment of the public order in its traditional sense and the adoption of the protectionist general economic system, especially after the contract crisis and the revision of its classic rules, including the principle of freedom of contract that was applied without legal controls.

the Algerian legislator tried to provide the necessary protection to the consumer through the enactment of consumption legislation, in addition to adopting the theory of economic coercion as a new mechanism to protect the weaker party.

the economic and legal status of the consumer makes him swing between contractual freedom and economic coercion, as well as the spread of e-commerce and economic transformation which may lead to the emergence of electronic economic coercion in the future.

therefore, the legislative and judicial authorities must be active in society to reconcile between the professional and the consumer by achieving a balance between their competing interests.