The defect as a condition for undertaking the liability of the electronic supplier Within the provisions of Law 18/05 containing the Electronic Commerce law

Abstract

The liability of the producer witnessed a successive jurisprudential and legislative development in the twentieth century (20 AD) in cllimate to the technological development and the amazing achievement to meet the increase of consumers desires, especially after the debuting of Internet and the emergence of electronic commercial sites at the beginning of this century. This development was accompanied by a tangible increase in accidents, which led to an exacerbation of the damage and risks to consumers, So, legislators in various parts of the world intervene over time in order to provide protection to consumers. Legislative, jurisprudential and judicial efforts have sought to devote rights to consumers collectively or individually to institute compensation claims against every participant in the economical cycle of products (goods or services) including electronic suppliers for any harm caused to them by even if there were no direct relation contract with the electronic supplier. These efforts launched the most important development in this field, which is the transfer of producer and the electronic suppliers responsibility from contractual liability based on the proved error to an objective liability based on the availability of the defect even though there were no error attributed to the electronic supplier, i,e the economical agent, In this research paper we will address an important element which is defining the concept of the defect that results liability on the part of the electronic supplier or service provider.