حماية المستهلك الالكتروني من الشروط التعسفية في القانون الجزائري

Abstract EN

Our study of the topic of electronic consumer protection against arbitrary conditions in Algerian law aims to determine the adequacy of the legal provisions approved by Algerian legislation, both in the Civil Code and in the special rules for the protection of electronic consumer, which is considered to be a vulnerable party to the contract to be one of the arbitrary conditions incorporated by the professional into the electronic contract.

In this regard, the Algerian legislature has regulated legal provisions to protect it from such conditions in accordance with the general rules of the Civil Code.

arbitrary clauses ", but the latter was not sufficient to combat arbitrary clauses, The legislator therefore approved other mechanisms in consumer protection laws, which are professional obligations towards the consumer.

But these laws did not provide adequate protection, so the legislator introduced other mechanisms such as the Consumer Protection Association and the Arbitrary Clauses Commission.

and gave the judge the power to amend, repeal, interpret arbitrary clauses, as well as impose the penalty prescribed in the Electronic Commerce Act 18-05 on anyone who exercises such clauses