الحماية المدنية للمستهلك عند التعاقد" "دراسة مقارنة"
أحمد عبد ربه محمد أبو كامش
Ahmad Abed Rabbah Abu-Kamish
This paper aims to study the civil protection on the contract time. The need for the customer protection has increased in the modern societies due to the huge risks which involved in the consumption process in all its phases, so it was necessary for the legislator to intervene to guarantee the protection of the customer and to reduce the risks that threaten him when he buys a product that is not identical to the known specifications or when he falls as a victim of misleading of the product itself or when there is a hegemony of the consumption process contract because of his financial situation. Numbers of consumers are huge in our society and because of this; there is an urgent necessity to protect them. All consumers need to buy products periodically and continually and it is known that few numbers of them have the time and the ability that are important to maintain what they own and use of machines and devices. In addition to that, the majority on consumers don’t have the basic information to the way of using the product appropriately, so it was necessary to legislate special regulations and laws to protect the weaker side in this contract legal process. This study aimed to solve the problem which talks about the reasons why the Palestinian legislator was forced to set laws to protect the consumers as it did not settle only with the private organizing of the sale contract as one of the general rules that applies its provisions on the consumption contract. The study also aimed to demonstrate to what extent the previous provisions could achieve realistic protection for the Palestinian consumer. The researcher has worked through this paper to determine the participants of the consumption contract by defining the consumer and the producer, he also explained the rights and the duties of each of them, and then he clarified the legal aspects of protecting the consumer according to the general rules that had been mentioned in the General Law which are: determination flaw and to which extent we can consider the consumption contract one of the Compliance contracts by defining the compliance contract according to the traditional and modern theories and also to which extent the compliance contract matches with the consumption contract through the traditional and modern theories, and also clarifying the protection rules of the consumer that had been mentioned in the private laws such as : the right of media and the right of adjustment and talking about the provision of each of them. The researcher also illustrated the potential protection of the consumer which is related to the previous stage of contracting which include the misleading ads, and also he explained the protection when there is a negotiation by studying the principle of good intention and the principle of contract freedom and how to reconcile between them. The researcher also explained the protection of the consumer during the contract writing stage through clarifying the conditions which the producer put and can be considered as not fair for the consumer, and also to protect the consumer in the contract implementation stage which is related to the responsibility of the producer for the hidden flaws in the product. The researcher also explained the legal procedures of consumer protection by clarifying the Non-judicial procedures of conflicts resolutions that may happen after the consumption contract which include mediation and arbitration and the procedures of each of them. Then the researcher talked about the judicial procedures which are considered the heart of the judiciary system to reach conflicts resolutions caused by consumption contract through clarifying the consumption right in immediate Litigation and also talking about the role of the private associations of protecting the consumer and defending him in front of law.