الالتزام بضمان سلامة البناء اتجاه المستهلك على ضوء قانون الترقية العقارية 11-04

الملخص EN

This research aims to reveal the concept and scope of obligation of the upgraded inorder to ensure construction safety to the consumer, especially the private real estate trader who plays an important role in the Algerian real estate market, especially after the gradual departure of the state monopolize the housing market.

And hopfully this openness to the real estate market based on the constitutional principle which contained freedom of trade and investment, has increased the importance of activating this commitment, especially with the abuses committed by the upgraded against the consumer.

Thus ,the legislator tried to realize his goal by creating this balance between the professional and the consumer under Article 43 of the Algerian Constitution.

The study shows the basis for this commitment .Finally , We have discussed the three criteria which are ; nodal standard and another based on construction work where the commitment extends to persons rather than the sides of the contract, in addition to the damage which seems more spacious than its predecessors and the latter is more usefull for the consumer protection.