دلالة العربون و أثرها على مصير التعاقد في القانون المدني الجزائري على ضوء الاجتهادات و الأحكام القضائية

الملخص EN

The Algerian legislator was late in organizing the contract of deposit in the article 72 bis of the civil code under the 2005 amendmant, despite the many dealings between Algerians a long time ago; Deposits play a predominant role in gradual establishment of consent.

Thus, the contract remains suspended during the period of waiver, becoming threatened with breach until confirmation of the contract by non-waiver or its cancellation by the exercise of waiver, if he who has paid the deposit withdraws, he loses what he has paid, and if he has received it, he must return twice its amount.

Therefore we propose that be the indication of confirmation is presumed, because it is often in Algeria that the deposit are part of the price and are a means to confirmation of the contract, As is the case in the markets for the sale of used cars or when buying jewelry, for example.