Private Law

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Browsing Private Law by Author "D. Khalid Altlahma"

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    Consumer Protection in Electronic Contracting Comparative Study
    (2009) Abdullah Deeb Abdullah Mahmoud; D. Khalid Altlahma
    Focused on the modern consumer protection legislation in electronic contracting, Consumers is the weaker party in the contractual process, and that the general rules in the civil legislation did not provide adequate protection to the consumer, the approved legislation, much of the modern means to protect the consumer, both in the pre-contract phase, or stage of a contract, or the implementation phase of the website. Have been dealing with the concepts of consumer and professional in the introductory chapter, also spoke about the importance of providing innovative ways to protect the consumer, as the need for consumer protection in the electronic market is what led me to search for ways to protect the consumer in electronic contracting, security and trust in the electronic market is one of the most needed consumer in order to meet their personal and, therefore, subject to the terms of an unusual and unfair sentence. Also been addressed in the first quarter of consumer protection in the pre-electronic contracting, where she spoke about the images of consumer protection and rights at this stage, including: the clarity of commercial advertising mail, which leads to a positive impact on the consumer, so be aware of the order at the contract, it is the consumer's claim or create the impression that the product has the quality, as well as the right to information and consumer insights through the identification of personal professional, describing the product or service in the place of contracting, and the statement of the fundamental characteristics of a good or service. Chapter II has been the discussion of consumer protection at the stage of conclusion of the contract, by reference to the safeguards added by the recent legislation in the area of consumer protection, Kaltusa in the concept of adhesion contracts to include a lot of contracts, e-contract is bonded if there is no negotiation, no it depends on the possibility of negotiating on the terms of the contract, the contract was allowed electronic negotiation, and allows the consumer to review and amend the terms of the contract, sometimes it is not bonded, but in the absence of a negotiation or bargaining, and the terms of the contract strictly, the audit does not accept the amendment or is bonded. Has been talk in the second quarter of the penal protection of the consumer, where the most modern legislation punished for various offenses that fall on the consumer in general, and punish the crimes that happen at the consumer's right to contract electronically through the criminalization of access to consumer data, and the prohibition of dealing in personal data , nominal or without the permission of the consumer, as a result of different legislation on the existence of the hidden defect Sales in the private action is "action to ensure the hidden flaws," The expansion of the professional responsibility of the defective products and services is in the interest of the consumer. Finally, addressing the protection of consumers in the implementation phase of the contract in the third quarter, recent legislation has added some new rights for consumers, much the media subsequent to the conclusion of electronic contract, and the obligation of the seller to hand over the corresponding Sales, and the right of consumers to go back, and provided the majority of modern legislation for the establishment of government bodies, or private credit is the task of protecting consumers. Conclusion and then ended the letter, which included the main findings and recommendations, where they managed to enrich the hope that the outcome of the legal library, as suggested by some of the proposals on the relevant jurisdiction at both the Palestinian or Arab or international level.