ISSN 3062-262X

"The Consumer’s Right to Withdraw from Distance Contracts: An Analytical and Comparative Study in Algerian Law"

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Dr. Yazid Benameur, Dr. Youcef Boudjemaa

Abstract

Many legal systems, including Algeria, have exerted substantial legislative and regulatory efforts to safeguard consumers by establishing conditions that guarantee genuine consent, ensure unfettered freedom of choice regarding goods and services, and prevent misleading practices or the exploitation of consumer vulnerability by commercial professionals. Consequently, state intervention has materialized through diverse protective instruments, such as pre-contractual information duties, mandatory reflection and cooling-off periods, and the right of withdrawal (droit de rétractation), particularly in distance contracting. The right of withdrawal stands as one of the most pivotal mechanisms: it renders the concluded contract non-binding upon the consumer by granting an unconditioned option to cancel the transaction within a legally prescribed timeframe. This mechanism shields consumer consent from aggressive advertising campaigns and enticing marketing strategies deployed by dominant production and distribution enterprises to induce impulsive contracting.

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