Specialist, committed to providing information to the consumer in French law مقاله

چکیده:

Due to the emergence of diversity in contractual subjects and the creation of various specializations in the field of goods and services, and ultimately the specialization of contract subjects and how they are concluded and executed, the imbalance of information between the parties to a contract has been accepted as a prerequisite. Based on the theory of 'the obligation to provide information in a contract,' the party assumed to be more aware and informed than the other party in the contract is obliged to make their information regarding the subject of the contract available to the uninformed party. This obligation essentially falls upon the specialist as a prominent example of the more informed party in the contract. The obligation to provide information in a contract, which has been designed by doctrine and assigned to the specialist by French judges and ultimately the legislator, is based on the idea of protecting the non-specialist party who, due to a lack of sufficient awareness regarding the subject of the contract and related matters, is in a weaker position. In cases where the seller has not produced the consumer good, French judicial practice holds the manufacturer liable towards the consumer with whom they do not have a direct contractual relationship. The nature of this liability in judicial practice is contractual, although no direct contractual relationship exists between the manufacturer and the consumer. The judicial solution has been accepted by famous French legal scholars because the manufacturer of the goods is better acquainted with the method of using the goods than the distributor. However, in the opinion of these scholars, the judicial considerations regarding contractual liability are not easily justifiable. In fact, the manufacturer does not have a contractual relationship with the end consumer. With this in mind, accepting the existence of liability arising from expertise regarding this matter would be easier and smoother. Judicial practice has obligated the manufacturer to provide information regarding their manufactured goods. Despite this and notwithstanding the prediction of this recent obligation, professional intermediaries in successive contractual relationships have not been absolved of liability. In other words, the obligation to provide information has also been placed upon professional sellers. For this reason, judicial practice has recognized both the manufacturer and the professional seller as committed to providing the necessary information regarding the subject of the contract to the consumer. Therefore, professional intermediaries must, in addition to transferring the necessary information, take action to correct or complete the manufacturer's information if necessary. Professional intermediaries must inform their customers about the status of the proposed goods and the effects of their installation. It is assumed that the manufacturer and the professional seller are well aware of the specifications of their goods, and under no circumstances should customer satisfaction cause them to fall short in providing information. The initiation and establishment of communication with the customer is the responsibility of the specialist. Therefore, the professional seller and the provider of specialized services, like the manufacturer, are also obliged to provide information to the consumer.