عقد بيع العقار في طور الإنجاز : دراسة مقارنة بين التشريعات (الجزائرية، الفرنسية، المغربية)‎

الملخص EN

The Algerian legislator’s handling of the “right-preservation contract” formula, pursuant to law no.

07 / 86 of 04 / 03 / 1986 “regulating real estate promotion” it is a preliminary contract prior to the final contract the latter, which was repealed by legislative decree 03 / 93 of 01 / 03 / 1993, includes "real estate activity".

which did not include the deferred sale formula, but rather touched upon the formula of "sale contract based on designs." he worked to organize it, but the latter was criticized, which increased the problems of the real estate sector this led to the emergence of law 11 / 04 "defines the rules regulating real estate promotion activity", which reorganized the "right preservation contract" in addition to the "design sale contract", highlighting the role of the real estate promoter in this contractual process, his commitment to completing the property is the primary goal, and the latter is not considered completed even if it is completed, except with the availability of legal guarantees after delivering the finished sale shop to the buyer, the real estate promoter and the rest of the stakeholders are bound by it, provided that there is a contracting contract.

this gives the buyer a right to be executed by agreement