الحماية القانونية للمستهلك من آثار العقود الاحتكارية في القانون المدني البحريني : (دراسة مقارنة)

Abstract

Thesis summary : This thesis addresses the adequacy of the legal instruments contained in the general theory of the contract in overcoming modern contractual problems that threaten the interests of consumers through monopolistic practices, which may lead to a severe imbalance between their legal positions on the one hand and producer or vendor centers on the other, and to what extent These means can be developed to suit the requirements of this protection in its contemporary sense. The monopolistic institutions and companies control the terms of the contract and put their conditions in a way that serves their interests and achieves their objectives, ignoring the interests of the weak party consumer who can not even discuss them in these Contracts that may include unfair conditions, and the consumer finds himself in front of these monopolistic contracts only submission and acceptance. Therefore, it was necessary to highlight this problem as the function of the law is to support the weak in confronting the powerful by means of procedures aimed at achieving justice, equality and balance between the parties. This message was divided into two chapters, preceded by a preliminary chapter. The preliminary chapter dealt with the concept of consumers in terms of legislation, jurisprudence and jurisprudence. Then the concept of consumer protection and the features and areas of this protection, and then the threats to which are represented by monopoly and unfair competition and dumping, and the consequences of these threats of acquiescence and unfair conditions. The first chapter included the contractual guarantees for consumer protection from monopolistic contracts in the various stages of the contract, beginning with the negotiations stage which contain misleading commercial advertisements and their effect on the consumer's conviction and willingness to contract, and the importance of the commitment placed on the professional Or the seller to inform the consumer of all data and information relating to the goods or service to be contracted before it is submitted to the contract, and then the stage of conclusion of the contract, this stage where the contract is born as a legal entity and determine the rights and obligations corresponding and emerging, Which may lead the parties to the contract to tamper with the elements of the contract, and surrounding it, consumer satisfaction and will and freedom of contract and. the terms and conditions contained in the contract. The third phase is the stage of executing the contract, which is free from problems that may affect it, such that the commodity subject to the contract has hidden defects, or is dangerous, or it does not meet the agreed specifications,. The second chapter contain of the specialized guarantees presents the consumer protection of the regulatory bodies set up by the state to protect it, such as the Consumer Protection Department and the Department of Standards and Metrology, but the efforts will not be completed without the establishment of associations or civil bodies to protect consumers. It will then present the specialized consumer protection regulators in the Egyptian system, such as the Egyptian Consumer Protection Authority, the Competition Protection Authority and the Egyptian Anti-Monopoly Authority, and then present a profile of consumer protection guarantees inspired by the German experience by shedding light on German domestic and European consumer protection legislation, And hence the statement of specialized consumer protection regulators established by the German system, headed by the Federal Ministry of Justice and Consumer Protection and the Federal Office for Consumer Protection and Food Safety. Finally, the letter ends with the most important findings and recommendations.