تغطية صندوق الضمان و الكفالة المتبادلة لالتزامات المرقين العقاريين

Abstract EN

In view of the multiple risks that may arise from the implementation of the contract for the sale of designs, the Algerian legislator issued Law No.

11-04, which imposes several obligations that take into account the contract balance between the real estate buyer and the property developer.

Perhaps the most important of which is the obligation of the real estate promoter to subscribe to an insurance at the Guarantee and Mutual Guarantee Fund established according to Executive Decree No.

97-406.

This fund is the largest guarantee that the buyer will obtain his real estate in the future, and it allows financing sales contracts for designs, with the intention of compensating the payments paid by the buyers in the form of advances, and ensuring the completion of construction work in the event of the death or bankruptcy of the real estate, As well as the wide coverage of the responsibilities resulting from the failure of the real estate developer to fulfill his professional and technical obligations.

Through this research paper, the researcher tried to shed light on what is the guarantee fund, the nature of the contract concluded between it and the real estate promoter, And highlighting his role in covering the various risks that the real estate developer may be exposed to, and which may prevent him from fulfilling his obligations that would impose him on civil and criminal administrative responsibility towards the state, the fund, or the property owners.