النظام القانوني للمحكمة التجارية المتخصصة

Abstract EN

Disputes often arise between merchants, whether being national or foreign, during the implementation of their contractual obligations.

when adjudicating them, it is necessary to take into account the advantages of commercial life, particularly the principles of speed and credit, with the application of commercial customs.

therefore, it was necessary to allocate an independent judiciary to adjudicate commercial disputes by specialized judges and with the help of merchants familiar with commercial customs.

in order to promote commercial and economic life and bring in national and foreign investment, the Algerian legislator had to adapt the judicial system to the development witnessed by the business world.

and that is by allocating commercial disputes to a judiciary that handles adjudicating them exclusively, and this is something that he sought to achieve when he issued the civil and administrative procedures law in 2008٫ so it stipulated the need to create specialized judicial poles specialized in adjudicating commercial disputes of a special nature.

however, due to the failure of the specialized poles to be embodied in reality, the legislator replaced this body and created courts that were assigned the power to settle these commercial disputes, naming them the specialized commercial courts.

in this article, we will get acquainted with these courts by showing their historical origin and their origin in Algeria, then their jurisdiction and the rules of conducting the litigation within them.