بعض مواطن القصور في قانون حماية المستهلك الإماراتي لسنة 2006 : دراسة مقارنة بقانون حماية المستهلك العماني لسنة 2014

Abstract EN

We dealt with an exceptionally important subject, namely the drawbacks in the consumer ' protection law compared with the recently enacted one :The Omani Law ,taking an advantage of the western experience embodied in the French laws .The study indicated the double responsibility of both the consumers' protection management and the court in the UAE ,whereas the Omani Law assigned this to the General Authority of the Consumer protection and the French legislator gave this task to the general directorate of competition, consumption and cheat fighting .

The researcher, then, realized the drawbacks of the Emirati legislation as the chambers of commerce and industry are not involved with the execution of the laws as well as its failure of activating the rights of the customers being unaware of them and of their implementations in reality.

We recommended that the Emirati and the Omani legislators take the example of the French legislators in being committed clearly, before contracting, to enlighten the customer with the dangers of the misuse .The researcher ,also, recommended the customer would complain to the customers protection management which belongs to the Ministry of Economy in the concerned emirate before suing the case to the court, which represents an attempt to solve the dispute cordially and quickly ,provided that the duration of solving the dispute should not take more than one month .In case the consumers protection management failed to solve the dispute cordially the case would be referred to the court attached with a memorandum containing all the defenses and the claims of both parties.

On the other hand, if the case is directly sued to the court, before resorting to the customers’ protection management, we recommend not to accept it.