Rescinding the contract in a consumption- mail (comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 4, Issue 2, December 2012, Pages 48-85 | ||
| Author | ||
| Mansour Hatem Mohsen and Isra Khudair Madlum | ||
| Abstract | ||
| The need of consumers for goods and services are motivated to contract with some speed and the wheel Imithnon with professionals to provide these goods and services, in order to get what you were eager mechanism to necessity .Due to the growing weakness of the elements of the consumer because of industrial development and technological progress, which led to a significant change in the methods of production of goods and services and methods of distribution and marketing. As a professional has exercised its activities through large companies have a tremendous amount of information in addition to their economic capacity, making it easier for him to use various types of promotional tools of modern, such as ads that may contain false or misleading information, not to mention a way to edit the mediation model contracts contain conditions, mostly in for professional and consumer rights so wasted untold Baltasfah. About these data and the developments and the lack of legal rules governing the provisions of the contract in the civil legislation has become a special legal regime for the protection of consumers is very important, because the control force production on the market we believe that the contractual relationship between the seekers of goods and services and providers of relationship that is not equal because of the superiority of economic, legal, and cognitive and technical support to a last resort. Thus, this research aims to try to protect consumers online by giving them after the conclusion of the contract enabling the rescinding of the contract hasty during the time limits given by the law according to the goods and services, where they often find that the consumer offers to contract without careful and considerate enough exposing after the conclusion it's too late that he was not wishes to enter into this contract a reality. It This study deals with reverse contracting over the Internet, the contract that has already been concluded by the consumer as one of the mechanisms of modern legal protection for the consumer in the implementation phase of the contract in order to meet the speed at which held contracts for consumption concluded remotely in particular, and therefore, we dealt with in section first the concept of reverse for the contract. Statement and then its provisions in Section II. In the third section Venard to the effects of rescinding the contract, Msultan Find protectionist rules in the legislation for the protection of consumers and the legislation governing the transactions and electronic commerce, which was the subject of consumer protection in electronic transactions. We went out at the end of this study that despite the existence of legal solutions in part on problems faced by the consumer within the scope of the contracts entered into with a professional within the general rules, but with so Taatari these rules deficiencies due to lack of adaptation to developments and developments that took place in the framework of trading, the modern, especially Which requires review and update the general rules and the introduction of a special legal regime in line with these developments. One of the recommendations of this study re-consideration of the Consumer Protection Act as well as the need for the text, in particular the right to give up in order to protectconsumers after the conclusion of the contract. | ||
| Keywords | ||
| Internet; the network has a significant technological revolution in communication between people and easily; anywhere; longer Hold consumption via the Internet and one of the most important contracts approved by the option of rescinding the benefit of the consumer | ||
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