التكييف القانوني للغير و التعهد عن الغير

Abstract EN

The term of the third is one of the most controversial legal terms where the meanings and implications vary from one field to another.

The meaning of others in relation to the departure of the effects of the contract is different from its meaning in a month, history is proven or otherwise.

Any person who is foreign to the contract means any person who is not present in the contract himself or by his representative, and who is not considered to be a private successor or a general successor.

The contractors and the successor are originally due to the effect of the contract and they must respect it and include the creditors.

From third parties in certain cases, the effect of the contract is not transferred to it and can be ignored.

Article 191 of the Algerian Civil Code establishes that the ordinary creditor is entitled to file an action of non-enforcement which is a case in favor of third parties.

This means that the Algerian legislator has considered the ordinary creditor to be third party.

The general succession is of a third party only if it proves that the behavior of his predecessor was in the disease of death, it is not permissible to do so only in certain limits, as well as the commandment if more than one third.

As for the private successor, the effect of the contract will not go away except with two conditions: 1 - If the contract is concluded after the transfer of the thing back.

2.

If the right or obligation is incomplete or specific to the thing.