بيع المنقول بالمزاد العلني أمام الهيئات القضائية

Abstract EN

Algerian legislator stipulated in article 96 of the civil code that “a contract in auctions is not concluded unless the auction is awarded, and the auction is forfeited by a higher auction, even if it is invalid”.

he did not specify a clear definition of selling by public auction, contrary to what was stipulated regarding the movable in article 683, the first paragraph.

from the same law, the sale of movables by public auction before judicial bodies varies between the consensual sale of movables in the public auction, which takes place before the sales governor, and the compulsory sale of movables in the public auction, which takes place before judicial bailiffs, and between these judicial bodies, the process of selling movables overlaps in the public auction, and with it the effectiveness of the legal texts regulating public bidding on movables decreases.