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أ.د. رمضان علي السيد الشرنباصي، الضوابط الشرعية لحماية المستهلك

UAEU Law Journal

لم توجد حماية تشريعية للمستهلك في القوانين الوضعية إلا بعد عام سنة 1945م، عقب الحرب العالمية الثانية حيث الأزمة الاقتصادية الطاحنة التي اجتاحت العالم في تلك الآونة وعجز الانتاج عن الوفاء بمطالب الناس وارتفعت الأسعار وضاق الناس ظرعاً بهذا الأمر الذي تنبه له المشرع الوضعي ووضع القوانين حماية للمستهلك ابتداء من هذا العام وليس الأمر كذلك في الفقه الإسلامي، فإن حماية المستهلك في التشريعات الإسلامية تمت في عصر تكوين الرسالة في عهده -صلي الله عليه وسلم- والمعروف أن الشريعة الإسلامية نظمت الحياة الإنسانية على الإطلاق في المعاش والمعاد ( أي في الدنيا والآخرة، ومن يك في مرية من هذا فليراجع …

The Effects Of Visions Condition In E-Consumer Protection A Comparative Study In Transaction Law, Ali Al-Mehdawi

UAEU Law Journal

The introduction of electronic financial transactions, which have been classified as distance and international contracts, has created the necessity of creating domestic and international laws that deal with such transactions; the e-consumer protection occupies a large proportion of this field. This study discusses e-consumer protection with an emphasis on analyzing the Emirates' Civil Transaction Legislation, Electronic Transaction Legislation No. 1, 2006 and the Consumer Protection Law No. 24, 2006. The study includes a discussion of e-consumer protection through `viewing goods stipulation, the problems that arise from such a protective condition, and suggests solutions to solve such problems.

Effect Of The Consumer's Choice To Revoke The Contract On Determining The Moment At Which The Contract Is Concluded, Yousef Mohammed Shandi

UAEU Law Journal

The choice to revoke the conclusion of a contract is one of the most important guarantees of a complete consent in contracts. It allows consumers a chance to contemplate and consider carefully the contract before they announce their final acceptance thereof. Despite the paramount significance of this choice in relation to the consumer, it raises a complex legal problem regarding the determination of the moment of concluding the consumer contract, which is associated with the choice to revocation. A legal school deems that such a choice takes effect immediately following the exchange of consent even before the period of revocation …

The Efficacy Of The Law Protecting The Jordanian Consumer An Analytical Study Of The Law And Its Means Of Enforcement, Firas Kasassbeh, Moayyad Mohamed Al Qudat

UAEU Law Journal

The Jordanian government has shown some hesitation in issuing an Act for the protecting of consumers against the unfair practices that might be committed by suppliers. Yet, it has, under the pressure of many private organizations and academics, drafted a proposed Bill to this end, which needs many legislative steps before becoming binding Act.

This study provides an analytical and critical account of the effectiveness of this Bill through exploring two of its main areas. The first area involves the scope of the protection provided by the Bill (the proposed Act), while the second, and covers the techniques adopted for …

The Consumer In Legislation, Judicature, And Jurisprudence A Comparative Study, Yousef Shandi

UAEU Law Journal

This research study deals with the significance of the term “Consumer” in legislation, judicature, and jurisprudence. It sets out to compare the European and French legislature in their dealings with the consumer. The study points out the importance of defining what constitutes a consumer and the rules governing consumption. The research study concludes that consumer protection must be clearly defined and its application and role specified

Class Action As Means For Consumer Protection In The French Law And The Extent Of Its Application In The Jordanian Law, Alaa Khasawneh, Maha Khasawneh

UAEU Law Journal

This study examines the class- action as a modern means of protection of consumer rights against unlawful acts of the professionals that lead to injury for a good number of consumers in the same damage or with similar damages issued by the same professional, the victims affected by these damages have the possibility of obtaining total compensation which will be shared among consumers members of the group, this study focus on the issue of the introduction of this action in the legal system of Jordan after a review of the most important models, whether in united States of America legislations …

Defining The Concept Of Both The Consumer And The Professional In The Moroccan And The Comparative Laws, Abdel Rafeia Aloui

UAEU Law Journal

The consumption contract holds on one end the Professional and on the other the Consumer, and given the importance of the conceptual specifically for each of the consumer and professional and the implications for the scope of the law, the problem posed by this subject is: Is it possible to determine the precise and agreed to these concepts and what are the effects of this limitation on the scope of protection afforded by Consumption Law of the consumer as a party is weak in a contractual relationship unequal? Any difference in the selection conceptual parties to the contract consumption means …

Some Drawbacks In The Emirati Consumer Protection Law Of 2006: A Comparative Study With The Omani Consumer Protection Law 2014, Bashar Talal Al Momani

UAEU Law Journal

We dealt with an exceptionally important subject, namely the drawbacks in the consumer ' protection law compared with the recently enacted one :The Omani Law ,taking an advantage of the western experience embodied in the French laws .The study indicated the double responsibility of both the consumers' protection management and the court in the UAE ,whereas the Omani Law assigned this to the General Authority of the Consumer protection and the French legislator gave this task to the general directorate of competition, consumption and cheat fighting . The researcher, then, realized the drawbacks of the Emirati legislation as the chambers …

The Guarantees Of Free Consent In Consumption Contracts Concluded Outside Trading Enterprises: A Comparative Study, Dr.Adnan Sarhan

UAEU Law Journal

The reason of consumer protection measures did not only result from his vulnerability, but also extends in the recent times to include misleading advertising techniques, the brilliant development in marketing in addition to the coercive nature of recent tools that are used in bargain and contracting. One of these tools is contract Outside Trading Enterprises, since a consumer is surprised by a person at his place, stop him in the street, break into his place of work or communicate with him to negotiate and contract him in spite of that a consumer does not see or preview the sold goods, …

The Guarantees Of Consumer Free Consent In Contracts Concluded Remotely: A Comparative Study, Dr.Adnan Sarhan

UAEU Law Journal

resulted from his ignorance weakness arising because of the complication of goods and services that makes their use and risks are not to be realized easily by consumers, but also extends in the recent times to include misleading advertising techniques, the brilliant development in marketing in addition to the coercive nature of recent tools that are used in bargain and contracting. One of these tools is the use of distance selling contacts in addition to the common use of electronic contracts, since a consumer is surprised by a person negotiate and contract by telephone or internet and he does not …

Rethinking Of Consumer's Litigation In Unfair Competition, Eyad Ayed Fatehi Alsamhan

UAEU Law Journal

This Article looks at unfair competition lawsuits from the perspective of litigation, rather than from the subjective study of this field. This study presents a contribution to the field of consumer services law in unfair competition acts by involving consumers in this lawsuit. The consumer’s interest is prioritized and qualifies consumers to act as a litigant in unfair competition acts, which traditionally were only concerns held by the competitor's undertaking trade. This study exhibits European practice and elaborates on their application in Jordan, which serves as an example of countries who lack national consumer’s protection legislation.

Legal System Of Consumer Rights For A Safe Product: A Comparative Study, Dr. Anis Al-Addar

UAEU Law Journal

This research shows the evolution of consumer rights with regards to new risks that are threatening him. In fact, the sale conditions, especially those related to the guarantee of hidden defects, are no longer able to provide adequate protection to the consumer. In recent years, new legislations have been introduced to recognize consumer rights as the weakest party in the contract of consumption. Modern laws assign to the seller several obligations, including the obligation to inform the consumer of potential risks and to ensure its safety against the damage caused by the products. By extrapolating modern consumer laws, it can …