مخاطر الارتباط المتبادل بين العقد الرئيسي و عقد القرض في البيوع المعلقة على التمويل المصرفي

الملخص EN

Credit supply is an inherent activity of the bank.

However, this exercise is fraught with the risk of the insolvency of the borrower and his incapacity to meet the deadlines for the payment of the credit tranches and its interests due to his over-indebtedness.

Banks carry also the risk of their responsibility for imprudence in the granting, refusal, suspension, faulty maintenance and the breakdown of credit.

The present article attempts to provide insight into the risks that arise from the principle of interdependence consecrated in the French law when dealing with the relationship existing between the main contract and the credit contract, when the banks agree to grant their customers consumer loans or mortgages.

Besides, due to the absence of the consecration of the principle of interdependence of contracts in the Algerian legislation, the present research aims to study the impacts of such a principle in case it would be applied in the express agreement of the parties of the contracts of sale and loan on the basis of the suspensive effect of the conditional obligation, as stated by Article 203 of the Algerian Civil Law.