التصورالحمائي الجديد للمستهلك وفق التشريع المغربي

Abstract EN

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Chapter 19 of the Code of Obligations and Contracts states that "The essential elements of the obligation and other conditions that the parties consider essential shall be agreed upon only by mutual consent."With regard to the general rule of contract-making, however, in contracts between professionals on the one hand and consumers on the other, the rule is often not respected at the expense of the interests of consumers, and thus frees contracts individually, which may contain arbitrary clauses against consumers, as in the case of a loan contract.

Real estate, which is one of the most common contracts involving arbitrary conditions that have come into play in several forms, has made the judiciary, legislation and the Consumer Protection Association a real test against these conditions, so that the judiciary has stepped in to amend the consumer contract containing arbitrary conditions.

The legislation has also kept up with these conditions by adopting legislative amendments that put an end to such conditions as the recent promulgation of Law No.

78.20, which is clearly and accurately defined for the quality of disputes.

While the judiciary and legislation have tried to address these conditions, a third body is consumer protection associations, whose role can contribute to reducing these conditions.