الحق في العدول : آلية لحماية المستهلك الإلكتروني في ظل القانون رقم 18-05

Abstract EN

The right to withdraw from the contract is one of the most prominent legal mechanisms developed, approved by the Algerian legislator through law no 18 / 05 related to electronic commerce as an effective guarantee for consumer protection in contracts concluded through electronic media, and the importance of deciding this right may increase in the field of remote contracting or the so-called with distance contracts, the fact that the electronic consumer is in a weak position and cannot inspect the commodity and verify the performance of the service due to the distance that separates him from the electronic resource, and the images on the computer screen may not enable the consumer to see and experience the real commodity.

we have tried, through this study, to address the right of the electronic consumer to relinquish, as well as the legal provisions for its practice, and we have concluded at the end of the research that the legislator, despite granting him the right to rescind the electronic consumer, has removed some transactions from the circle of relinquishment because they are illegal, in addition to arranging obligations on the shoulders of both parties.