الالتزام بضماني العيب و المطابقة في نطاق العقود الاستهلاكية : دراسة مقارنة

Abstract EN

One of the main things that the legislator focused on is to organize the general rules related to the general theory of contracts , As he realized that there are some contracts that needs to be organized according to private legal rules as an exception on what has been stated in the general rules and the theory of traditional selling contracts , and related to that both legislator the Egyptian and the Kuwaiti considered that the selling contract has private legal rules that may restrict general rules as we mentioned before but that will only take place when there are no restrictions that states other wise in some private legal rules that organizes the selling contract , Thus the legislator hasn't just relayed on the legal protection for normal individuals as he wanted to impose more legal protection to the consumer when he contracts (sign an agreement) with a merchant.

Accordingly A law has been issued to protect the Egyptian and the Kuwaiti consumers and that law included a lot of rules that may contradict with the traditional normal rules of selling contracts in general , as that law for consumer protection has been included lots of obligation that is placed on the professional seller and one of these obligations that- we have mentioned in our research- is to guarantee matching what they both agreed and contracted on and if there is any hidden defect , also those obligations that have been stated in the egytpian and the kuwaiti law for consumer protection has made a difference of application of that law according to people or the place that the contract has been made or the selling's or the time frame that the consumer has the right to refer back to the professional seller when there is a breach of any of them whether matching or if there is any hidden effect , each laws whether the Egyptian or the Kuwaiti has dealt with both obligations in such a little different way even though both of them agreed on a lot of terms related to those specific obligations , Hence we can say that the Egyptian and the kuwaiti legislator has concluded some sanctions that will be imposed in case of any breach to those specific obligations , as any sanctions will differentiated according to the obligation that the contract enforces if its cuz of an object or service or whether if the applicable law is the Egyptian law or the kuwaiti law.

Although the Egyptian and the Kuwaiti law for consumer protection didn't discuss those ٢specific obligations in a detailed and accurate way , they still organized those ٢specific obligations in such a way that guarantees an actual and perfect protections to consumers when they contracts with the professional seller that suppose to be clever in what he does , And with That all once the private law of consumer protection has missed any legal provision , we should always refer back to the general rules related to every matter on its own , Also to discuss and clarify the identity of those ٢obligations and their range whether related to people or the place that the contract has taken place or the selling's or even the time frame that the consumer has the right to refer back to the professional seller when there is a breach of any of them and also stating what is the suitable sanction in case that breach take place ,so in our research we have divided it into ٢main major points: the first one-the range of application of private rules for the consumer protection , the second one-the rules that has been issued in the favor of the consumer.