The right of the consumer to replace or return the good or service as a legal way to protect him " A comparative study "

Document Type : Original Article

Author

Faculty of Law - Zagazig University

Abstract

In this study, we have dealt with the issue of the consumer's right to replace or return the good or service as a legal means to protect it. We began this presentation by explaining what this right is, and the necessities of consumer recognition of it, whether from the legal viewpoint, or from the perspective of avoiding the nodal imbalance, or from the technical perspective. We then moved on to clarify the characteristics of this right, and we concluded that it is a right that is characterized by an abstract character, a free character, and that it is exercised by the individual will, as well as its connection to public order, in addition to the comprehensive scope of the objective, and finally the diversity of its sources. We then moved on to stating the general time frame for exercising the right to exchange or refund. And we showed the position of the Egyptian legislator on this control, as well as the position of the French legislator. Then we showed our personal point of view in this regard. After that, we showed the extent to which the time control was attached to the general system, and its entry into force. We then clarified the legal exceptions to the consumer's right to replace or return the good or service, from a temporal and objective perspective in Egyptian law and in French law. We ended the study with a conclusion in which we listed the results of the study and also mentioned its recommendations, and the list of references that we relied on for the preparation of this study.

Keywords

Files

Share

How to cite

Statistics