مكانة العرف في القانون التجاري الجزائري

Abstract EN

Commercial custom is a fact that cannot be ignored in commercial transactions.

It is general, ion and spontaneous in its creation, as it is the creation of professional and commercial groups, and not the status of the legislating authority of any state, which are rules that do not belong to rules derived from the law of a state.

As far as they derive from the reality of what can be called the merchant community, these subjective characteristics of trade custom imposed themselves on the legislation, and lost place among them, despite the fundamental differences, especially the formal ones, the flexibility of the commercial custom, makes it better able to achieve the requirements of business life, Especially the secret Of credit and the development of the legislation itself, the latter who needs long procedures to modify it or issued.

The positions of legislation, including Algerian legislation, differed in determining the status of trade custom and its status as a source of commercial law to which the judge refers in the commercial dispute whenever the legal text is no longer available.