The Guarantees of Consumer Free Consent in Contracts Concluded Remotely: A Comparative Study
resulted from his ignorance weakness arising because of the complication of goods and services that makes their use and risks are not to be realized easily by consumers, 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 the use of distance selling contacts in addition to the common use of electronic contracts, since a consumer is surprised by a person negotiate and contract by telephone or internet and he 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 and enacted regulation 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. In addition, some of e-commerce and transactions Laws of other Arab countries introduced several guarantees for consumers in distance selling contacts. This is the aim of this paper that is going to highlight those guarantees approved by mentioned legal systems.
"The Guarantees of Consumer Free Consent in Contracts Concluded Remotely: A Comparative Study,"
UAEU Law Journal: Vol. 2018:
75, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2018/iss75/1