تكييف مسؤولية المنتج وفق القانون المدني الجزائري

Abstract EN

Before the year 2005, the Algerian legislator considered that the producer's responsibility for the defects of his products is a personal responsibility that is subject to the general rules of civil liability, whether contractual or default, according to Article 124 of the Civil Code, which is based on the three components of the product's fault, offset by harm to the consumer and the availability of a causal relationship between error and damage.

After the year 2005 and due to the rapid technological and industrial changes that led to the inability of the product's personal responsibility theory to provide adequate protection for consumers, the legislator tended to create personal responsibility for the product based on the damage caused to the consumer due to the defective products, even if the product did not link the consumer to any contractual link, according to Article 140 bis created by Law No.

05/10 amending and supplementing the Civil Code.