نظرات في التعاقد من الباطن في القانون الجزائري و إمكانية الاستفادة منه قانونا و شرعا في المصارف الإسلامية الجزائرية : دراسة فقهية مقارنة و مقاربة-عقد مقاولة البناء أنموذجا

الملخص EN

One of the most important forms of contemporary financial transactions in the administrative application in Algeria, especially in the field of construction contracts is subcontracting.

As it has become noticeable that it is applied in Islamic banking under different names, and might as well, be beneficial in Algeria after opening the way for Islamic banking and attempting to codify and suppervise its activity; I have, subsequently, followed the analytical comparative approach to demonstrate the reality of subcontracting and its legal adaptation and provisions through two sections.

The first section dealt with definitions, origins and areas of application; while the second focused on listing its provisions as applied to contracting – as the most common type of contracts-, where it will demonstrate the importance of the relationship and symmetry, and the need to know the differences in terms of truth and judgments, and comprehensiveness and familiarity, and the precedence in the subtraction, and validity for every time and place.

The aim is to bring together views from Sharia and the law and the use of each other features in reality, and the exploitation of the new directions of Algeria to solve crises such as housing.