السند العرفي و أثره على إثبات الوقف في التشريع الجزائري

Abstract EN

The study aims to show the importance of customary bonds in concluding the moratorium, depending on the laws issued by the Algerian legislator in this context, is the moratorium considered effective if it is done through customary bond? To answer this question, the study was divided into two axes by following the analytical approach, including highlighting the nature of customary contracts, and then the impact of this type of bond on the endowment.

The study concluded that the recognition of customary bonds was compulsory immediately after independence, for several reasons, the most important of which was the ence of laws governing official bonds, and the transition from customary to formal, particularly by the judiciary, Until the adoption of the Moratorium 91/10 Act.