Restrictions on the principle of freedom of contract in a sales contract

Abstract

The Algerian economy underwent a transitional period from a centrally planned to a free market economy. This transition revealed the existence of a contractual relationship between consumers and suppliers. Recognizing the extent of the crisis in this legal relationship, the legislature enacted Law 89-02 concerning general rules for consumer protection, along with a series of executive and regulatory decrees and decisions. Subsequently, Law 89-02 was completely revised, leading to the issuance of Law 09-03, dated February 25, 2009, concerning consumer protection and the suppression of fraud. The specific rules of the Consumer Protection Law impacted prevailing principles in civil law regarding contract formation, such as the principle of freedom of contract, a fundamental legal concept and a constitutional principle. The legislature did not leave the principle of freedom of trade and industry unregulated, prohibiting certain commercial practices that harm the consumer's economic interests and regulating the subject matter of consumer sales contracts.