حق العدول عن التعاقد وفق القانون المدني والقانون 18-05 "المتعلق بالتجارة الالكترونية - "
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Date
2025
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جامعة المسيلة
Abstract
The right to withdraw from a contract is one of the most effective
mechanisms for ensuring the protection of the weaker party in a contractual
relationship. Given the evolution of consumption patterns and volume, which has
led to increased risks threatening consumers, especially in light of the spread of ecommerce,
general rules are no longer able to provide the necessary protection
intended by the legislator. Comparative legislation has addressed the right to
withdraw and explicitly stipulated it.
Several laws were issued to protect the consumer, including Law No. (18-
05) related to electronic commerce, and also the Consumer Protection and Fraud
Suppression Law, which came to enhance consumer protection in the provisions of
Article (19) of Law No. (18-09), which states: “Revocation is the consumer’s right
to withdraw from purchasing a product without justification.”
However, regulatory texts addressing this issue have not yet been issued.
This issue has been regulated in comparative legislation, with specific controls and
provisions established for it. Algerian legislators have followed this approach by
recognizing the right to withdraw from a contract.
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Keywords
Right to withdraw - Consumer - E-commerce.