ضمانات المؤسسة الاقتصادية في ظل حقوق الاسترداد : نظام التسوية القضائية

Abstract EN

The Algerian legislator consecrated the owner's right to get back his money which is in the possession of the dealer who is submitted to the bankruptcy system ,or to a judicial settlement as long as the ownership is proved and that they exist in kind within the debtor dealer s money.

but this right might be in contradiction with the rights of the creditors that are tied to the debtor trader by business relationships before his his submission to the bankruptcy system or judicial settlement There is a clear contradiction between the interests of the retriever owner and those of the creditors because there is a difference between the owner's claim to get back his money that is under the debtor trader's possession and his submission to bankruptcy as a creditor with the amount of this money through the division of debtors on the rest of creditors