The Legal Status of the Legal Person in Consumer Relations: A Study on the Expansive Scope of the Consumer Concept and the Ambiguity of the Specialization Criterion

Abstract

This study examines the legal status of the legal person within consumer relations, highlighting the legislative gap that arises when a legal entity contracts outside the scope of its professional specialization. The article aims to analyze the expansive approach adopted by the Algerian legislature, which has incorporated the 'legal person' within the definition of the consumer under Laws No. 09-03 and No. 18-05. The central research challenge lies in determining the precise dividing line between professional and consumer conduct for an entity that, by law, lacks a 'private life.' Drawing on the French legal experience, the article examines the introduction of the 'non-professional' category under Ordonnance No. 2016-301 as a mechanism to restore contractual balance. The findings underscore the imperative for the Algerian legislature to adopt the 'non-professional' concept as a means of protecting legally vulnerable entities from economic dominance. The proposed framework constitutes a legal safety valve that guarantees the protection of legal persons when they engage in transactions outside their professional environment.