الحماية المدنية للمستهلك قبل التعاقد في التشريع الليبي دراسة مقارنة بالتشريع الأسلامي
The contract of sale in its modern form is no longer similar to the traditional contract of sale , in order to enter a strong economic and e-knowledge, a person known as the professional seller will be in exchange for a weak and inexperienced consumer, and its followers. The products of various uses...
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| Summary: | The contract of sale in its modern form is no longer similar to the traditional contract of sale , in order to enter a strong economic and e-knowledge, a person known as the professional seller will be in exchange for a weak and inexperienced consumer, and its followers. The products of various uses is reflected on the possibility of choosing between them easily, which led to the emergence of the problem of imbalance which evident in the pre-contracting stage, especially as the phase it was not organized in most of its elements legislative. This imbalance is evident in the pre-contract phase, especially since this stage has not been organized in most of its components, and this is the problem of the study. The researcher adopted a comparative analytical approach in analysing the texts of the Libyan legislations related to consumer protection and comparing it with the provisions of Islamic law, in oder to achieve the objectives of the research, by discussing the legal systems and its legitimacy that restore the contractual balance between the parties, which is among the important findings of the study. The absence of a general legislative that protects the consumer in the pre-contracting stage, thus, the researcher puts some suggestions, such as attention to studies related to the pre-contracting stage and the regulation of commercial advertising in legislation with emphasis on state’s responsibility and control over adavertising both at an earlier and later stage of a contract. |
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