حق التراجع عن العقد: مساس بالقوة الملزمة للعقد

Abstract EN

The right of retractions a legal mechanism approved by the Algerian legislator like most of the comparative legislations to protect the satisfaction of one of the contractual relationship's parties, and to restore balance in consummation contracts that include a weak consumer in the face of a professional who is more cognitive and economically stronger than him, the professional can use all means of inducement to push the consumer to contract with him.

the right to withdrawal allows the consumer to reconsider his contract returning from his obligations within a certain legal period that varies according to the type of consumer contract which is a violation of the principles governing the contract stipulated in the general rules.

Activating the retraction of the contract entails returning the contractors to the state they were in before the contract, the consumer will return the product to the professional and this latter one will return the price or advance payment that was previously received from the consumer.