The Protection of the Electronic Consumer in the Pre-Contractual Phase

Abstract

In his legal relationship with the merchant, the consumer aims to obtain the goods and services he needs, whereas the purpose of the supplier in his legal relationship is to obtain the maximum possible profit at the consumer's expense by using advertising and promotional methods that may involve misrepresentation and fraud. The supplier may also exploit the consumer's need for goods and services by failing to inform him of the essential matters concerning them, rendering the contract unequal and causing harm to the consumer. This relationship involves an imbalance due to the state of weakness affecting the consumer in favor of the merchant, as the latter enjoys a stronger position in terms of economic power and expertise.

Therefore, the electronic consumer must be protected in the pre-contractual stage, based on the problem of demonstrating the adequacy of modern legal rules in conferring civil protection upon the consumer in the pre-contractual stage of the electronic contract.