الطبيعة القانونية لعقد حفظ الحق في بيع العقار المقرر بناؤه

Abstract EN

This study aims to define the legal nature of the reservation contract in the sale of building to be constructed, this new contract, which has not yet determined the legal nature in Algeria compared to France, where this contract was controversial , There were several opinions on this subject between considering it as a pact of preference, or a unilateral promise of sale under suspensive condition, or be regarded as a double nature contract, or a sui generis contract.

Therefore, the determination of the legal nature of the contract requires us to research in the analysis of doctrinal and French jurisprudential, to know the nature belongs to this contract.