الحماية القانونية للمستهلك في عقد البيع الإلكتروني.

Abstract

The legal protection of the consumer in the electronic sales contract is one of the most important issues raised in this era, given the violations and abuses that he is subjected to under this modern type of contract. What is known about the relationship in which one party is the consumer in general is an unbalanced relationship due to its weakness compared to the other party. This modern type of contract has widened the imbalance between them. Under this type of contract, the consumer contracts on a commodity that he cannot examine and physically inspect until after receiving it. All that appears before him is a picture of the commodity, so his contract in this context is based on the descriptions provided by the electronic seller, which makes him vulnerable to fraud , and this can undermine his confidence in this type of contract. Therefore, most of the legislation has intervened to inform the consumer of a legal system that ensures its protection in all stages of this type of contract, starting with the stage before the conclusion of the electronic sales contract, until the stage of the use of the sale in place of this contract. As for the protection of the Electronic Consumer and the promotion of confidence in electronic commerce transactions in general, the Algerian legislature promulgated Act N° 18/05 on electronic commerce, which enshrined a number of rights for the consumer and imposed a set of obligations on the electronic supplier in the framework of their electronic contract. The main objective of this study is to indicate the legal protection prescribed to the consumer in the electronic sales contract, and to analyze and evaluate it to determine its adequacy and shortcomings, with the aim of finally reaching the best solutions and suggestions that ensure better protection of the consumer, and enhance his confidence in electronic transactions, which reflects positively on the growth and prosperity of e-commerce .