التقلبات التشريعية للقرينة في ضوء تعديل القانون التجاري لسنة 2005

الملخص EN

Algerian legislator adopted the same procedures organized by the French the legislator for the crime of issuing a check without provision, and that in amending the Commercial Code of 2005 and which gave an opportunity to the drawer of the check without provision to repay the equivalent sum according to a first and a second settlement order within a an extended period of time.

In case the settlement is not done within the second time limit, a criminal pursuit will be issued according to the penal code.

In this paper, we attempt to clarify the judicial fluctuations related to this amendment which changed the issue from the presumption of (mala fide) or ill-will to the good will presumption wishing to consider the check transactions as an instrument of payment replacing the cash payment transactions.