The balance between contractual freedom and public order in consumer contracts

Abstract

Consumer protection is a crucial topic in the legal field. This paper examines one aspect of this protection: the extent to which agreements to reduce or eliminate warranties are a matter of public policy in consumer contracts. Specifically, can parties to a contract agree to reduce or eliminate warranties? And can a professional impose agreements that reduce or eliminate warranties against the consumer, who is the weaker party in such contracts? This paper will address these questions in light of the provisions of the Algerian Civil Code and relevant consumer protection texts, drawing on the French experience in this area.