نظرية تحول العقد في القانون المدني الجزائري

Abstract EN

Turning mechanism of the Decade, play a significant role in the rescue of the invalidity of contracts to ensure the preservation of the stability of contractual relations, and ensure the interests of the contractors.

Given the importance of this theory took its way to the Arab and western laws and that they differ in the form of adopted between the text of the general rule as the Algerian legislature in article 105 of the Civil Code, and the text of some applications or pictures of the transformation of the Decade, such as the French law and English.

The attention which the Algerian legislature turning mechanism of the Decade by, inter alia, as a general rule, in addition to the texts of the legal conditions, came within the judge is obliged to search for the requirement of the need to search for the will of the parties to the contract, the hallmark of the theory of the transformation of the decade in Algerian law when applied by the judge.