Consumer Protection in the Sudanese Legal System and Kuwaiti Legislation: A Comparative Study
Dr. Samah El Ata Babiker Mohamed
Assistant Professor of Commercial Law
Faculty of Law, Al Neelain University, Sudan
Abstract:
This research paper discusses the issue of consumer protection in law, a topic which explains the extent of the importance of the protection of the rights of the consumer and the necessity of having high quality services and goods, considering in them the required restrictions, specifications, measures, good pricing, and above all preservation of consumers’ health and safety. The problem of the research lies in the deprivation of the consumers’ rights by being exposed to fraud and deceit, weakness of monitoring by the authorized legal bodies, and the unstable prices that face consumers.
The research aimed to activate the legal protection of consumers who ought to be supported by laws and regulations, in addition to the real activation of consumer protection mechanisms. It also aimed to protect the consumer from the commercial fraud and to show its different kinds so that consumers become capable of defending their rights, In order to fulfill these objectives, the researcher used the comparative, descriptive and analytical research methods.
The research attributed, in its results, the return of the problem of the subject to the application of the concept of the free economy prevailing in the market, the absence of the implementation of control and price fixing laws, the weakness of the role of supervision , and halting the implementation of the protection of the consumer’s rights in the Sudanese market by the competent authorities and the need to make the purchase invoice to the consumer a mandatory entry for the merchant or service provider to start providing it to the buyer without him asking for it so as to ensure the legality and safety of commercial dealings, and the ease of protecting the rights of each of the parties in the event of disputes, with the need to legislate laws for pricing products and services necessary for the consumer, for the purpose that the market becomes committed to provide the consumers with fixed prices, and the necessity of reviewing standard contracts, and eliminating acts of consumer abuse in order to create a contractual balance between the producer and the consumer.
Keywords: consumer, cooperation societies, consumer protection mechanisms, legal monitoring, consumer rights, commercial fraud.