تطويع الالتزام بضمان العيوب الخفية لحماية المستهلك : دراسة مقارنة

Abstract EN

The protection of the consumer from the damage of defective or dangerous products takes two forms, the nature of criminal protection, which is addressed by the Penal Code and other criminal laws by criminalizing commercial fraud in all its forms, and the nature of civil protection, which is concerned with compensation for the victim and reparation.

The consumer goes through several stages in the process of acquiring the goods or benefiting from the service, and he needs protection at each of these stages, especially in the implementation phase of the contract and in the post-implementation phase, through the activation of rules to ensure hidden defects and rules to ensure the dangerous character of the commodity and commitment to ensure Safety and the obligation to deliver a sale that conforms to the specifications and other obligations imposed by the contract or that are considered to be its requirements or imposed by the rules of good faith in the execution of the contracts.

Therefore, it is necessary to provide adequate legislative protection for this stage of the contract by adapting the rules to ensure hidden defects and make them suitable for the protection of the consumer by compensating him for the physical and physical damages, and establish a conclusive presumption of the professional seller's knowledge of the defects of his products for his professionalism, experience and ability to detect defects of sale.

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