CONSUMER PROTECTION IN RELATION TO PRODUCT GUARANTEE IN ALGERIAN LEGISLATION: AN ANALYTICAL STUDY IN LIGHT OF LAW 09/03, AS AMENDED AND SUPPLEMENTED BY LAW 18/09 ON CONSUMER PROTECTION AND FRAUD PREVENTION, AND LAW 18/05 ON ELECTRONIC COMMERCE.
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Abstract
This study aims to analyze the legal texts that regulate the obligation of the product guarantees in the context of consumer protection. In light of the significant developments in trade and the new challenges posed by globalization, while there have been positive outcomes such as the availability and diversity of products, this does not negate the existence of negative aspects, particularly regarding the protection that consumers, as the fundamental element of modern trade, should enjoy. Consumers, being the weaker party, require the intervention of the Algerian legislature to implement a series of laws to safeguard them. Now more than ever, consumers need legal safeguards against fraud, especially in the context of e-commerce.
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References
a. Constitutional Amendment 2020 (Official Gazette No. 82 of 30 December 2020).
b. Decree-Law No. 13/327, establishing the conditions and methods for the implementation of guarantees for goods and services (Official Gazette No. 49, of 2 October 2013).
c. Law No. 09/03 (Official Gazette No. 15 of 8 March 2009), as amended by Law No. 18/09 on Consumer Protection and Fraud Prevention (Official Gazette No. 35 of 2 June 2018).
d. Law No. 18/05 on Electronic Commerce (Official Gazette No. 28 of 16 May 2018).
Related books
a. Ahmad Shakir Al-Akkari, Industrial Marketing, Dar Wael, 3rd edition, 2007, Jordan.
b. Ahmad Shakir Al-Akkari, Specialised Marketing Studies, Dar Zahran for Publishing and Distribution, Amman, Jordan, 2000.
c. Belhimer Ibrahim, Fundamentals of Marketing, Dar Khaldounia for Publishing and Distribution, Old Quba, Algeria, 2010.
d. Issam Al-Din Abu Alif, Marketing: Concepts and Strategies - Theory and Practice, Horus International Publishing and Distribution, Alexandria, Egypt, 2002.
e. Sayid Youssef Zahia Houria, A Concise Study of Sales Contracts: A Comparative Study Supported by Judicial and Jurisprudential Insights, Al-Amal for Printing, Publishing and Distribution, New City, Tizi Ouzou, 2008.
Selected articles
a. Aqbi Yamina, Legal Guarantees Established for the Protection of the Electronic Consumer During Contract Execution in Algerian Legislation, Ma’alem Journal for Legal and Political Studies, Vol. 4, No. 01, 2020.
b. Basma Mohamed Nouri Kadhim Al-Bakri, Legal Protection of the Electronic Consumer: A Study in Light of the Algerian E-Commerce Law No. 18-05 of 2018 and the EU Directive No. 83 of 2011, Journal of Research in Contracts and Business Law, Vol. 6, No. 3, 2021.
c. Salam Munaim Mishal, The Concept of Commitment to After-Sales Services and Its Legal Nature, Journal of the College of Law, Al-Nahrain University, Iraq, Vol. 7, No. 1, 2005.
d. Samer Al-Mustafa, The Impact of Product Warranty Service on Enhancing Customer Satisfaction, Damascus University Journal for Economic and Legal Sciences, Vol. 29, No. 1, 2013.
e. Zawi Raqiq et al. Legal Guarantees for the Electronic Consumer in Facing the Risks of E-Commerce in Algerian Legislation, Al-Bayban Journal for Legal and Political Studies, University of Bordj Bou Arreridj, Vol. 3, No. 01, June 2018.
Doctoral theses
a. Ben Zadi Nasrin, Consumer Protection through Warranty Obligations, Thesis submitted in fulfilment of the requirements for the Master’s Degree in Private Law, Faculty of Law, University of Algiers 01, Algeria, 2014-2015.
b. Farhat Abbas, The Role of After-Sales Services in Enhancing the Market Position of the Industrial Enterprise, Thesis submitted for a Master’s Degree in Commercial Sciences, Mohamed Boudiaf University, M’sila, Algeria, 2006-2007.
c. Mounir Barabeh and Saad Lqleeb, Warranty as a Renewed Legal Guarantee in Consumer Protection, Dar Basma Scientific, Algeria, 2024.
d. Sayad Al-Sadiq, Consumer Protection under the New Law No. 09/03 on Consumer Protection and Fraud Prevention, Thesis submitted in fulfilment of the requirements for a Master’s degree in Legal and Administrative Sciences, Business Law specialisation, Faculty of Law, University of Constantine 01, Algeria, 2013-2014.