The right of the online consumer to withdraw from the contract as a mechanism for his protection

Authors

  • صلاج الدين بوحملة Author

Keywords:

Contract cancellation, electronic contract, electronic consumer

Abstract

One of the most significant contemporary challenges facing consumers is related to electronic transactions for online contracting consumers, known as the electronic contract. This contract is considered the most important tool in e-commerce. A consumer entering into an electronic contract merely sees the image displayed on a screen, without having a complete understanding of the product. It may later become clear that they acted hastily in entering into the electronic contract, leaving no room for retraction as they are obligated to fulfill their contractual commitments according to Article 106 of the Algerian Civil Code. Given the inadequacy of general rules and in order to protect the consent of the online consumer, many legal systems have granted them the right to withdraw from the contract after its conclusion. This right allows the consumer to retract their acceptance after the contract has been executed if they realize they acted hastily in expressing their will or that their acceptance was based on uncertainty. They can withdraw from the contract within a specified period, without providing any justification.

Published

2018-12-01