الرافدین للحقوق (Dec 2023)
Procedural Legal guarantees for consumer protection Analytical legal study
Abstract
Our study, tagged with (procedural legal guarantees for consumer protection), aims to shed light on protecting the consumer segment by providing mechanisms that maintain and enhance consumer protection from goods and services that cause a range of economic, social, health and environmental damages. The consumer is the weak party in the contractual relationship with the provider or merchant. Therefore, the legislator tries to surround the consumer with legal guarantees that would bestow legal protection on his rights against the supplier or merchant. The Iraqi Consumer Protection Law No. (1) of 2010 clarified the procedures for initiating a consumer protection lawsuit, whether the lawsuit is an individual lawsuit initiated by an individual or a collective lawsuit initiated by the Consumer Protection Council, and the principles of evidence without preventing it from resorting to the general rules provided for in other procedural or substantive laws. In order to rule in a consumer protection lawsuit, the consumer bears the burden of proving his right before the trial judge, in addition to the positive role of the judge in directing the individual and collective lawsuit.
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