Document Details
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Document Type |
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Thesis |
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Document Title |
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CIVIL PROTECTION FOR CONSUMER IN SAUDI LAW - COMPARATIVE STUDY الحماية المدنية للمستهلك في النظام السعودي - دراسة مقارنة - |
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Document Language |
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Arabic |
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Abstract |
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This study dealt with the topic of the Civil Protection for the Consumer in the Saudi Law and the Comparative, and which is regarded as one of the most important recent topics. It also dealt with the concept of the consumption and the consumer and the protection for the consumer. And the goals of consumption and its regulators became manifested for us; and also the consumers rights according to the Islamic legislations and to the Saudi Laws that are pertinent to the Consumers Protection ( such as the Anti- Commercial Fraud Law, the Electronic Transactions Law, the Trademarks Law, Commercial Agencies , the Criteria and Measurements Law.) and the Comparative Law.
It also referred to the development stages of the legal protection movement for the consumer, and the historical development of the costumer legal protection through the old laws of the Pharaohs, the Old Iraq, the Greeks and the Romans, in the Islamic Legislation and the Saudi Law. And also reviewed the customer protection in the shade of the traditional contracts, whether made the pre-contract stage, or within the time of making the contract or the time of implementing it. And his protection within the range of the electronic contracts while negotiating, or when making or when during the time of implementing this contract.
It became clear to us that Islam is a comprehensive religion and the best way of life. And it is a creed, legislation, worships, and treatments; balancing between the spiritual needs for the worships and the body need for the material things, linking the world life with the Hereafter. Its Legislation has included all the principles and rules which organize all the life of the Muslim whether s/he is the manufacturer or the consumer, the laborer or the businessman. The Islamic legislations also included a set of fundaments that will protect the consumer, first from himself and then from the producer and the intermediary trader, and from the sultan as well. And if it- i.e. the Islamic Legislations- is comprehensively implemented, it will bring the welfare of the producer and the consumer and of the individual and the community. The protection for the consumer is regarded as a service provided by the government or the civil community through all its relevant societies to protect him from ; the commercial fraud or from being illegally exploited , or from poor service delivery or through monopoly or acquiescence to certain circumstances. Moreover, it legislates specific laws for the constumers to depend on when evaluating the merchandises offered for consumption.
Through the research, it became clear to us that the range of protection for the consumer would not be limited however hard we try; and it is characterized by its perpetual renewal. And that is due to its accompanying the developments that are coped by the community in both internal and international levels. When looking upon the actual reality of the consumer protection in the Kingdom of Saudi Arabia or in the comparative Law, we derived the insufficiencies of this protection which obliged us to make the following recommendations concerning this matter:
1- The competent authorities should hasten to issue an independent and integrated Law in one arrangement concerning the protection for the consumer and the suppression of the commercial fraud.
2- The necessity for setting conditions and how to protect the consumer from illegal commercial practices in front of the judicial authorities. That can be done by the diversification of the mechanisms , the tools and the real systematic means for defending the rights of the Saudi consumer.
3- To insert a systematic item manifesting the right of the protection for the consumer society to litigate on behalf of the aggrieved.
4- The necessity of the continuous providing for the consumer with important information about the products packages that will enable him to take his purchasing decision, and it must be clear and understood by the most of the consumers and in Arabic.
5- To look for benefitting from the developed countries concerning the protection for the consumer specially matters pertaining to the legislation, taking into consideration the social, economical and political differences in each of these countries.
6- Activating the role of the Consultative Council and appointing one of its committees for studying the legislations related to the protection of the consumer and listening to the report and the testimony of the relevant government agencies and the establishments of the civil community; and also to the researchers in this field and the private sector and the existing problems.
7- Stimulating the publishing of the Judicial verdicts issued against those who are incompatible with the Laws pertaining to the consumer, for it has an effect on them.
8- To call attention to the importance of teaching the consumer the culture of consuming through designated educational programs that deal with the rights and duties of the consumer, and inserting them into the educational curricular.
9- Consolidating the rules pertaining to the information of the consumer on both of the Arabic and the international levels, especially within the framework of the electronic dealings characterized with an international nature and do not recognize the geographical borders.
And all the Praise is due to Allah, the Lord of the worlds
And may Peace and Blessings be upon our Honorable Prophet, Muhammad, his household and his companion |
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Supervisor |
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Dr |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1435 AH
2014 AD |
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Added Date |
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Wednesday, July 2, 2014 |
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Researchers
| زبيده محمد الحجيري | Al-Hujeiri, Zubaidah Mohammed | Researcher | Master | |
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