ضمان كمال إنجاز البناية تكريس للحماية اللاحقة على تسلم البناء في القانون الجزائري

Abstract EN

The relationship between the real estate promoter and the employer remains valid even after the completion of the construction to be completed, where guarantees are governed by the former to the latter, the most important of which is the guarantee of completeness of the property.

According to this guarantee, the promoter is obliged within the framework of the contract of selling a property built with a guarantee of defects that may appear in the construction during a period of one year, starting from the date of acquisition of the building by the employer.

This guarantee also extends to the proper functioning of the building preparation elements, as well as the defects of conformity.

This new guarantee is characterized as an objective guarantee that is not based on the idea of error as the rest of the traditional guarantees, but is included in the scope of the contractual commitment of achieving a result as it is characterized by its association with public order.

Yet, the Algerian legislator’s organization of this guarantee is characterized by shortages and shortcomings, especially in terms of its conditions of achievement and how it works.