علاقة قانون العقود الخاصة بقانون العقود

Abstract EN

The Contract is considered as the main forms of legal actions that are concerned in civil law with regulating the common theory of the contract, and private contracts.

After the Industrial Revolution, a new phase appeared in the private contracts where it was separated from the provisions of contracting law and moved to be independent, as Labor law, insurance law.

this phenomenon has explode as a result of the technological and economic development, as the contractual balance was significantly disrupted, leaving a spot on the traditional legal system of contracts in exchange for an increase in the movement of contracts from the private to the specialism.

Algerian legislation passed all this increase, from the Algerian civil law in 1975 till this day, and all this resulted are retreat of the provisions of the contracting law in exchange for the issuance of special legislations that have become competing with it as it emerged from new perception of its concept, the 09-03 Law related to consumer protection, and the 02-04 Law specifying the rules of commercial practices, and the Law n° 18-05 of the electronic trade, are the most common examples.

Through this study, we concluded that the purpose of the legislator in regulating private contracts within the provisions of the contract law does not deviate from helping the contracting parties and completing their will without infringing on their contractual freedom, but as a result of the industrial and technological revolution, we have come to a new phase regulated by the general provisions (contract law) on the one hand, and private legislations (private contract's law) on the other hand.