عقد تحويل الفاتورة

Abstract EN

The bill transfer contract is considered as a commercial bond, was used as a technology and system by the American companies, then spread in Europe.

It was also organized by the Algerian legislator under the commercial law, and requires the intervention of three parties: the customer or the affiliate, the intermediary company and the debtor or buyer, where the first shall transfer his fixed debts in his bills towards his debtor or buyer to the intermediary company that pays him its value and replaces him in collecting it, versus a commission, bearing the risk of non-payment when due.

This agreement is subject to the conditions to which the other contracts are subject to according to the General rules, but does not require a special form.

When it is concluded correctly, there will be resulting commitments between the two parties, the intermediary company and the customer.

its effects extend to the debtor or buyer despite that he is not a party to the contract, but a legal relationship arises between him and the intermediary company, he is obliged to the payment of the value of the bills according which he is debtor to it, as a result of its replacement to the customer or affiliate under the billing transfer contract concluded between them.