Mechanisms for achieving contractual justice in electronic consumption contracts

The consumer is one of the basic pillars of the economic process as a whole. Cases that represent an infringement of consumer rights have increased، especially in consumption contracts that are concluded by electronic means and methods، which necessitate research into consumer protection from all violations against him. Much legislation has sought to provide all types of protection necessary for this consumer during his consumer and contractual dealings.This research deals with the subject of mechanisms to achieve contractual justice in electronic consumption contracts within the framework of both Kuwaiti and UAE laws to shed light on the substantive scope of consumer rights in electronic consumption contracts، which is the right to refrain from contracting، the right to inspection، and the adequacy of these rights and their suitability to achieve the necessary protection for the consumer in both comparative laws، in addition to the role of consumer protection agencies in achieving contractual justice. In light of the above، this study has been divided into two chapters. The first chapter clarifies the consumer's right to inspection، and it has been divided into three sections. The first section clarifies the concept of the consumer's right to inspection. The second section clarifies the content of the obligation to inspection and its conditions. The third section clarifies the penalty for breaching the obligation to inspection. The second chapter explains the consumer's right to refrain from contracting and the role of consumer protection agencies in achieving contractual justice . This chapter has been divided into three sections. The first section clarifies the concept of the consumer's right to refrain from contracting and consumer protection agencies . The second section clarifies the option to refrain from contracting in Kuwaiti law and UAE law . In addition to the third section، consumer protection associations in Kuwait and UAE law . Then all this was followed by the results that have been reached and the important conclusions that this study has concluded. The study relied on the descriptive and analytical approach mainly by presenting the legal texts in relation to the clarification of the legal aspects of the legal protection established for the consumer in the electronic consumption contracts. It also relied on the inductive approach with regard to organizing the legal protection of the consumer in electronic consumption contracts، by following the method of moving from part to whole or from private to public. In addition to using the comparative approach، with regard to mechanisms to achieve contractual justice in electronic consumption contracts، in both Kuwaiti and UAE laws. The most important results reached through this study is that the consumer's right to refrain from contracting is one of the most appropriate means to protect the privacy of contracting via the Internet، as the lack of sufficient experience of the electronic consumer، and the inability to inspect the product and know the characteristics of the service before concluding the contract are sufficient reasons to decide the consumer's right to refrain from contracting. The Federal Legislator has stipulated the right of the consumer to return the defective goods. Kuwaiti law also made the consumption contract non-binding for the consumer، and it is permissible to refrain from it voluntarily. It has also been concluded that the obligation to inspection is a legal obligation prior to the contract، according to which one of the parties is obligated to provide the other party with the information about the contract، and the data necessary to create a sound and complete satisfaction with all the details and particulars of the contract.