Consumer's Rights and Obligations in the Electronic Consumption Contract, Comparative Study

Abstract

Consumption contracts are considered to be one of the types of contracts that receive special protection under consumer protection laws. This is due to the presence of two parties with unequal levels of information and economic ability involved in the contract: the consumer, who is generally at a disadvantage, and the professional, who typically possesses greater power. This imbalance of power can potentially lead to the dominant party exploiting the other. Hence, this study aims to elucidate who qualifies as a consumer protected by the provisions of consumer protection laws.

This research explores the extent to which Palestinian laws, alongside other comparative legislations, delineate the individuals who are entitled to legal protection in electronic contracts under consumption rules. This inquiry is particularly pertinent given the insufficient protection accorded to consumers under general rules and civil legislation. The study seeks to clarify the precise definition of ‘consumer’, investigating whether this term is confined to natural persons only, or extends to include legal entities as well. Additionally, it explores scenarios wherein a professional can assume the role of a consumer. Following this, the rights and responsibilities of the parties involved in consumption contracts are outlined.

The research indicates that the absence of a clear definition of ‘consumer’ has resulted in divergent interpretations and opinions in jurisprudence, legislative documents, and judicial rulings. Furthermore, it concludes that the true essence of a consumer is embodied in individuals who engage in contracts to fulfill personal or family needs, regardless of whether they are natural or legal entities.