آليات حماية المستهلك في القانون الجزائري

Abstract

The interest that the Algerian legislature has for the consumer and his protection is clearly reflected in the considerable importance that was given to the laws relating thereto and which is illustrated in the successive enactments of some of these texts. Thus all the legal texts relating to consumer in Algeria had seen many developments and innovations through the enactment of new laws or the amendment and update of some of them. Therefore, the legislature enacted the Act no. 09-03 on consumer protection and fraud prevention, by which he imposed on the intervener a set of commitments related to information, warranty, conformity and after sales service ... etc. He also approved several procedures and measures to be taken in the case of transgression and prescribed penalties to ensure such protection. The said Act was followed by the publication of numerous laws, executive decrees and orders relating to this protection, such as executive decrees No. 13-378 setting the conditions and modes relating to consumer information and the one No. 13-327, of the 26th of September 2013, laying down the conditions and procedures to implement the guarantee of goods and services; along with other laws. The prior ordainment of producer civil liability in Article 140a of the Civil Code is probably the cornerstone of ensuring the rights and interests of consumers, which has been strengthened by the legislature through these special laws. He prohibited, in the same context, false and misleading advertising that became a means both efficient and malefic to reach the consumer, incite him to contract and influence his choices and decisions; from the moment where lies and deceit became, in many times, the rule while sincere advertising message became an exception.