أثار نظرية تحول العقد في القانون المدني الجزائري

Abstract EN

This study examines the effects of contract transformation theory in the Algerian civil law stipulated by the legislator in Article 105 of the Civil Code, as well as stipulated many practical applications of this theory, whether contractual or non-contractual in various other branches of law, given the practical importance of the transformation in saving contracts from invalidity in a manner that ensures the maintenance of the stability of transactions and the protection of the interests of contractors and others of good faith.

This theory which, when applied, generates many effects, both for spot contracts and for time contracts, and despite differing jurisprudence regarding them, but they are applied retroactively, as for relativity of the contract, it shall have its effects on the right of the public successor of the contracting parties, as well as in the right of the private successor and others on the contract, which is what jurisprudence has gone to, since the Algerian legislator did not explain how it applies.