تصرف الشريك في العقد الجماعي في ضوء أحكام القانون المدني الجزائري

Abstract EN

The authority of disposing the collective contract within the scope of joint ownership is fixed for each partner in the premises possessed by this group of persons, the fact of which makes each of them endeavor to exercise such right; however, although each of them has his own share therein, it is not limited to a separate part thereof, but rather extends and spreads in every atom of it.

subsequent to which, this contracting partner can, as a general principle, draw-up contracts on his share of the premises without the need for permission from the other partners, provided not to cause prejudice to them.

nonetheless, he is in return considered as foreign to the shares of the rest of his partners; although, he is not considered a third party as long as he is affected by the rights and obligations generated throughout the contract; in addition, the contracting partner, although he owns a share in the whole premises, he cannot dispose of the whole premises without permission from the remaining partners; failing which, his contract shall be considered as disposing the ownership of others in excess of his own share, which shall be considered as voidable unless they allow him or in case the disposal is made by their agreement; thus, it shall be valid and enforceable against them.