Consumer’s Protection in Commercial Transactions: The Fraud in Jordanian Law and the Defect in French Law

Abstract

This article aims to tackling the consumer protection against fraud and defect in commercial transactions, according to Jordanian law and French law, as this protection is a significant legal issue forced by the advance occurred in the markets and the increased interest in the consumer transactions, which mainly shows up in contracting. Thus, the article aims to present the available legal protection for consumers under Jordanian penal law, and French civil law. It was not an option to put penal provisions along with civil provisions, because we found that, in opposite of the French law, Jordanian law doesn’t set explicit civil consumer protection in commercial transactions, but at the same time it addresses a worthy consumer protection in penal law. By consequence, through revealing both, Jordanian and French consumer protection rules, we recommend that, at the time we identify the Jordanian penal consumer protection, we believe that in order to give effective civil protection to the consumer, the Jordanian legislator should include new civil rules that deal with the reality of commercial transactions, in the light of the civil French consumer protection law.