The Right of Withdrawing from the Execution of the Contract as a Mechanism to Protect the Consumer Contracting Electronically from the Principle of the Binding Force of the Contract

Abstract

Advances in technology and the speed of transactions have changed the way contracts are concluded, which are now concluded remotely

via the Internet. Today, consumers enter into contracts about products without being able to see or verify whether they fit their legitimate desires. This made them fear the dangers of contracting remotely, from which general rules can no longer protect them. Therefore, many legislations, including the Algerian legislator, have resorted to enshrining the right to cancel the contract as a guarantee to protect consumers from the principle of binding force of the contract. This is because the consumer is the weaker party in the contractual relationship vis-à-vis the professional who has enough experience and expertise to lure him.

The right to withdraw allows the owner to terminate the contract voluntarily, within a specified period, without justifying his/her decision and without incurring additional expenses except for restitution costs, which is considered a departure from the principle that the contract is the Sharia of the contractors.