التنظيم القانوني للبيع بالمنزل (دراسة مقارنة)

قاسم عطيه حسين المسعودي

    التنظيم القانوني للبيع بالمنزل(دراسة مقارنة)    الماجستيرفي القانون الخاص 2021

                                                                                                              abstract

The sales contract is one of the most important sources of commitment that has been dealt with since ancient times after barter, as individuals can obtain with it most of their consumer needs, and the human tendency to consume varied depending on different factors as in ancient societies the tendency to consume was a little limited to satisfying needs The basic necessities, such as food and clothing, but the matter did not remain that way, as the modern era witnessed the growing desire of man to consume and he was no longer limited to the necessary things, as he became a consumer in most aspects of his life, due to several factors, including the supply of goods and services thanks to the development of the means of production that It cannot be compared with the traditional manual production methods, as well as the scientific development, especially in electronic means of communication (the Internet), which has led to the approximation of distances between producers and consumers and the conclusion of contracts through electronic means without the simultaneous presence of the two parties, as well as competing with the producers of goods and services to devise new ways to market their products to The public by going to the place of residence of the consumer to display goods and services to him and entice him with various means For pushing him to contract without deliberation and thinking as in the contract of sale at home and under these circumstances, the traditional general rules in civil law have become unable to provide protection to the satisfaction of the consumer as a result of the imbalance in the contractual relationship, as we find that one of the parties to the contractual relationship is the weakest consumer in A center of subjugation to the other because of the imbalance in the knowledge element, the financial and economic position, and the other party that is stronger in terms of information related to the good or service and financial ability