Product Warranty Between the Mandatory Force of Legal Provisions and Reluctance to Enforce Them
Abstract
Consumer protection has become a fundamental objective of modern legal systems due to rapid technological progress, expanding international trade, and the growth of electronic commerce. One of the principal mechanisms for ensuring consumer protection is the statutory product warranty, which obliges economic operators to repair, replace, or refund defective products within a legally prescribed warranty period. Algerian legislation, particularly Law No. 09-03 on Consumer Protection and Fraud Control, establishes mandatory warranty obligations and provides both civil and criminal sanctions for non-compliance. Nevertheless, practical enforcement remains problematic, as many manufacturers, importers, distributors, and retailers continue to evade their legal responsibilities. This study examines the legal framework governing product warranties in Algeria and analyzes the gap between mandatory legal provisions and their practical implementation. Using descriptive and analytical research methods, the paper explores the legal concept of statutory warranty, its conditions, methods of proof, and the principal reasons for operators' reluctance to comply with warranty obligations. Particular attention is given to the challenges posed by electronic commerce and the difficulties consumers face in enforcing their rights. The study concludes by proposing legislative and administrative reforms aimed at strengthening consumer protection, improving regulatory enforcement, increasing market supervision, and enhancing the effectiveness of warranty mechanisms in the Algerian legal system.
Anahtar Kelimeler: Product warranty; consumer protection; economic operator; warranty implementation; consumer rights; legal liability; fraud control; electronic commerce; Algeria; commercial law.
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