مساهمة مبدأ حسن النية في معالجة إشكالية عدم التوازن في عقد الاعتماد الإيجاري

الملخص EN

Algeria adopted from the beginning of the 1990s the system of the market economy through strategic choices from the economic point of view having imposed a readaptation of the legal texts to the new economic climate, this is what was concretized by the promulgation of a set of legislative texts and regulations, including order 96-09 of 10 January 1996 on leasing, in order to provide SMEs with a financing solution, while keeping liquidity to face the difficulties of the launching of the economic project.

the analysis of the leasing contract shows that there is an imbalance between the lessor and the lessee.

this imbalance in the status of each party (both informational and economic) has been multiplied by the advantages granted to the lessor, which makes the effectiveness of leasing as a means of financing SMEs very low, but this imbalance can be addressed by the principle of good faith through the activation of levers of the principle.