الأحكام الخاصة بإفلاس و تصفية شركات التأمين في التشريع الجزائري

Abstract EN

This article aims to study the peculiarities of the bankruptcy declaration system for the active insurance companies in the national market, as well as to shed light on the provisions related to them in this framework, and the procedures for liquidating them in case that they stop paying, and fulfilling their financial obligations and debts towards their creditors, especially the insured and the beneficiaries from insurance contracts, or those with their rights.

In addition to the general rules relating to bankruptcy and judicial settlement contained in the Algerian Commercial Code, the Algerian legislator enacted provisions for the bankruptcy of insurance companies, in Ordinance No.

95-07 amended and supplemented by Law No.

06-04 related to insurances, as well as granted to ensure the fulfillment of rights of the insured clients and the beneficiaries of insurance contracts, or those with their rights, a special arrangement for them among the group of creditors, and to confirm this, he established a fund called the "Insured Guarantee Fund", which undertakes the payment of insurance amounts, or compensation for these, within the limits of the available funds, in case that the assets of the insurance company concerned with the liquidation are insufficient, and the latter is unable to pay.