المركز القانوني الممتاز للدائن في الدعوى المباشرة

Abstract EN

The Algerian legislature has made available to creditors preventive means to ensure that they fulfill their rights within the time limits.

these include indirect action, action in unenforceability and action in simulation.

such actions may be brought by creditors in order to preserve the common pledge.

on the other hand, some creditors have been provided with a more effective mechanism, namely the direct action.

it is defined as the right of the creditor to assert his right directly against his debtor's debtor without referring to the original debtor.

this legal action confers on the plaintiff the right to bring a remedy against the debtor's debtor on his own behalf and for his benefit by way of exception to the principle of the relative effect of the contract, and the exclusive right at the end of the action without being subject to competition from the debtor's remaining creditors in violation of the principle of equality between creditors.

this confirms the excellent position of the creditor who brought this action.