الوعد بالبيع العقاري بين التشريع و الإجتهاد القضائي

Abstract EN

The promise to sell a real estate is a legal act that the contractor resorts, in the case when natural or legal circumstances prevent the conclusion of the sale contract.

The Algerian legislator neglected this type of contract, so it is not organized within specific rules.

That conduct to submit it to the general rules related to the contract of promise, provided in articles 71 and 72 of the Civil Code.

This omission reveals legal problems which required on the one hand the intervention of judicial jurisprudence to resolve some of them, and on the other hand the intervention of the legislator to figure out the differences and disparities resulting from this jurisprudence.

Therefore, our objective in this study is to show the extent of the role of judicial jurisprudence in setting specifics rules of the promise to sell a real estate.

We will also discuss how judicial jurisprudence prompted the legislator to intervene and sometimes to enact legal rules.

Through our treatment of this issue, we have reached the need to work on all the different provisions of the promise real estate sale, in order to set up a legal system capable of responding to the practical reality imposed on the judicial structure in order to reduce the burden on it.