أثر التصرف الناقل لملكية العين المؤجرة على المستأجر في القانون المدني الجزائري

الملخص EN

The article discusses a very current situation in society where the owner of a leased property transfers it to third parties during the validity of the lease contract.

The transfer of ownership of the leased property creates a new contractual relationship established by law, far from the interference of the will.

This contractual relationship manifests itself by obliging the new owner to have the effects of the lease contract because he becomes a lessor.

The transfer of property transfers all rights and obligations that were between the tenant and the previous owner.

The Algerian legislator has addressed this issue through Article 109 of the Civil Code, which comes within the general rules, and through Articles 469 bis and Article 469 bis 3 relating to the lease contract.

The article seeks to show how the legislature organized this process and the extent of its success in doing so in order to achieve legal security.