Consumer rights in the pre-contractual stage with comparative study in the English law

Consumer right to awareness and making a choice are his/her most important rights, protecting such rights prior to the conclusion of a contract can provide the grounds for creating a stable legal relationship consistent with the consumer’s real intentions and goals. In this stage, in addition to the obligation to give the pre-contractual information, the advertising of goods and services as well as the disclosing and distinguishing functions of trademarks can lead to the consumer’s informed decision, due to the role they play in creating awareness and willingness in consumers. However, by displaying some unreal issues, they can have an opposite role in some cases. Within the Iranian legal system, some public classical rules and regulations can be used for providing the per-contractual information. Furthermore, in the Iranian system, a few references have been made to the role of information- disclosing in this era in some special regulations, but the role of information- disclosing as a public rule has not been accepted in this era. In the field of advertising, the lack of comprehensive and efficient rules regarding the present requirements including advertising through the virtual environment is extremely observed. In English law, the traditional view is on the basis of no need for providing information in the pre-contractual time. However, today, This legal system also tends to oblige the suppliers to disclose information in this era. With respect to the role of trademarks in the consumers right, the seconding goal of protecting the trademarks right can be protecting the consumer rights to awareness prior to choosing the goods or services.