مجلة الاجتهاد القضائي
Volume 9, Numéro 14, Pages 299-324
2017-04-10

ترقية المركز القانوني للمستهلك دراسة مقارنة بين القواعد العامة والقواعد الخاصة بحماية المستهلك

الكاتب : رضوان قرواش .

الملخص

Protecting consumer at first was a general protection organized by civil law rules and penal code because consumer was merely seen from economic side. This protection was a pursuant protection, as a curative one and not as a preventive one. He was seen as the last element of the productive process which is the buyer in addition to his role considered as weak under this protection. However, under special rules of protecting consumer, consumer’s legal position has been promoted. The consumer is in the same position of contributor in consumption process through a set of guarantees which provide him with a preventive prior protection and pursuant curative protection. Thus, problematic is: What is the legal position that the consumer is enjoying under special protection following his legal position under general protection? 1. Promoting consumer’s legal position through concept. 2. Promoting consumer’s legal position in the previous stage of product offer process or service. 3. Promoting consumer’s legal position in the following stage of product offer process or service

الكلمات المفتاحية

Consumer, guarantees, safety, caution, Information, compatibility