خصوصية الأحكام القانونية المتعلقة بالاعتماد الإيجاري العقاري

الملخص EN

In light of the limited financial self-capacity of entrepreneurs to cover their needs in real estate assets has allowed this technology, which can be considered to some extent modern because of the legal experience in this regard, where the Algerian legislator, like other legislators, has provided the issue organized in the form of a special contract, and therefore this study aimed to clarify the various special legal aspects that make it distinct in nature, especially from other contracts.

from this point of view, the contract of leasing has a particular legal nature which distinguishes it from other contracts, both in terms of its organization and in terms of the protection it provides to its two parties due to its connection to the real estate element, which is characterized by a different legal operation from movable property.

in spite of the organized handling of this real estate operation by the Algerian legislator, the practical data revealed numerous gaps and ambiguities that negatively affected the financier of the project, who is the tenant of the lease contract, which had to be remedied according to the new texte.