مجلة الرسالة للدراسات والبحوث الإنسانية
Volume 9, Numéro 2, Pages 155-167
2024-06-21
Consumer Protection From Arbitrary Commercial Practices By The Economic Agent In Light Of Law 04-02
Authors : Djedaini Zakia .
Abstract
Abstract: The inclusion by the economic agent of arbitrary terms in the consumer contract "may harm the legitimate interests of the consumer and his rights", which is legally impermissible, especially given that the legislator considers the latter as the weaker party in the contract that must be protected, whether through general provisions (civil law) or specific provisions for consumer protection, including Law No. 04/02 which defines the rules applied to commercial practices (amended and supplemented). This law focuses on achieving integrity in commercial transactions, a principle that can only prevail with respect to market rules dictated by laws and regulations in this regard. Consumer protection requires creating an atmosphere for free and ethical competition based on high morals and noble values. Therefore, Law No. 04/02 - as mentioned above - stipulates a set of rules to ensure consumer protection from arbitrary practices that may have negative effects on competitive activities, and on the consumer's freedom to contract. It also extends broad legal protection to his interests, whether civil or criminal.
Keywords
Consumer contract ; consumer ; economic agent ; arbitrary practices
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