مبدأ حسن النية و تحقيق التوازن العقدي لعقد البيع على التصاميم في التشريع الجزائري

الملخص EN

The housing sector is considered one of the sensitive sectors, and its subject is one of the global issues of great importance.

all countries, including Algeria, consider housing one of the indispensable priorities of life, and this is what made it seek to develop this sector through many housing formulas in addition to social housing.

or a job that has become unsatisfactory in this area.

in view of the importance of the issue, the interest of the state has become clear in the search for development strategies aimed at developing this sector, given the many problems experienced by Algerian society in this context, so many housing formulas were approved, both within the framework of the real estate promotion law 11-04 as a contract sale on designs, which is the subject of our study, or within the framework of other laws such as sale by rent, which is supported by a specific percentage by the state, but despite that it is assumed that the contractual balance in this type of contracts is achieved through the availability of the principle of good faith in all contractual stages, and from it the main objective of this study is not to consider the concept of the sales contract on designs not only, but also an attempt to clarify the legal guarantees, which are considered as perpetuating the principle of good faith, the main objective of which is to achieve nodal balance.

through our study, we will try to shed light on the role of the principle of good faith in achieving nodal balance in the sales contract on designs by answering the following problem : what is the contribution of the principle of good faith in achieving nodal balance in the sales contract on designs ? this is in accordance with the provisions of the real estate promotion law 11-04 at its various levels, in addition to what is related to the principle of good faith within the Algerian civil code.