ضمانات الرضا الحر للمستهلك في عقود الاستهلاك المبرمة خارج المشروعات التجارية : دراسة مقارنة

Abstract EN

The reason of consumer protection measures did not only result from his vulnerability, but also extends in the recent times to include misleading advertising techniques, the brilliant development in marketing in addition to the coercive nature of recent tools that are used in bargain and contracting.

One of these tools is contract Outside Trading Enterprises, since a consumer is surprised by a person at his place, stop him in the street, break into his place of work or communicate with him to negotiate and contract him in spite of that a consumer does not see or preview the sold goods, ignores its risks of use and has no idea about the legal and financial position of the seller.

For these reasons, the French legislator got the initiation on 22-12-1972 and enacted regulation number 1137|72 with regard to distance selling contracts which became later- in addition to its amendments- a part of the consumer protection code.

This regulation introduced many guarantees for consumers when making these forms of contracts.

Moreover, these guarantees have been concentrated in 2014 via emphasizing many sanctions on the offending merchant.

Unfortunately, most of Arab legal systems did pay enough regulatory attention to this matter in spite of the common use of these contracts in our national markets.

Only both of the Moroccan and Lebanon legal systems regulated specific measures that have been affected- to varying degrees- by the French measures.

This is the aim of this paper that is going to highlight those guarantees approved by mentioned legal systems.