مسألة خصوصية إجراءات تصفية البنوك وفقا لأحكام قانون النقد و القرض مدعما بقرار المحكمة العليا

Abstract EN

Although the Algerian legislator expressly stated that the banks subject to Algerian law take the form of a joint stock company, where this requirement is supposed to result in the latter being subject in terms of establishment and expiration to the provisions of the commercial law relating to companies, but by extrapolating the provisions of the Monetary and Loan Act through which the legislator sought to protect depositors' funds and bank ing trust, the authority responsible for overseeing the liquidation of banks that ceased payment is supposed to be subject to an administrative body independent of the general rules that entitle the court to jurisdiction.

This assumes that the legislator will narrow the general rules concerning the liquidation of this type of company in line with the specificity of the banking profession.

In view of the legislator's lack of interest in the inclusion of special provisions specifying the nature of bank liquidation, and expressly excluding the application of general rules, the Supreme Court, as it is charged with evaluating the work issued by the courts and judicial councils, had a role in interpreting and determining the controls of the liquidation of banks by referring to the exclusion of the rules of commercial law in the event that a bank is dissolved based on the decision of the Banking Committee in accordance with the provisions of the Monetary and Loan Act, as an administrative liquidation and not friendly or judicial.