ركن الشكل في الوعد بالبيع الوارد على العقار في القانون الجزائري

الملخص EN

The Algerian legislature attached a great importance to form as a fundamental element in the conclusion of some contracts, besides the will, as it had a significant legal effect.

moreover, the legislature decided that the promise of sale on property and the promised contract of sale are to be reached in the same legal form under absolute invalidity.

thus, questions are raised on the legislator's purpose of imposing the element of form in the promise of sale on property, and on its issuance in the land registry office, although, in any case, it entails only a personal commitment to conclude the contract, or there would be a compensation judiciary decision if this person renounced the promise.