التزامات المكتتب و صاحب حفظ الحق في القانون 11-04

Abstract EN

The Algerian legislator has provided for a contract for the preservation of the right under law 86-07/21 of 04/03/1986 on promotion of real estate, and the legislator has also launched the first contract because it is a precedent for the final contract that is transferring ownership of the property to the contract of preservation of the right and the promulgation of Legislative Decree No.

93-03 on real estate activity Law No.

86-07/1 on the promotion of real estate was repealed, which did not include a term of sale, which must be preceded by a contract for the preservation of the right and a new version for sale is defined by a sales contract based on designs that have special provisions, and by reading the text of article 29 of Act No.

86-07: "may be the public body that the Qano empowers It is essential to carry out real estate promotions, to propose "sale" based on approved schemes in accordance with the building rules ordered by the vested interests in charge of reconstruction...

" It can be said that the legislator did not differentiate between the two contracts and make the sales contract on the designs only a contract of preservation of the right with the addition of certain legal guarantees only.

With the promulgation of Law No.

11-04/02 on the rules governing the real estate promotion activity, the Algerian legislator has reaffirmed the contract for the preservation of the right and defined in article 27 that "preservation of the right is the contract under which the mortgage is obligated to hand over the property to be built or in the construction phase, to the owner of the custody right immediately after termination in exchange for Tspeg...

"A sales contract was provided for in article 28 and was defined as" the contract of sale on designs for a building or part of a building planned or in the construction phase is the contract that enshrines the transfer of land rights and ownership of buildings by the mortgage to the subscriber in parallel with the progress of the works.

Conversely, the Subscriber is obliged to pay the price as the completion progresses ", the legislator separating the two concepts and even if there are similarities there are several differences both in terms of the parties and in terms of their obligations...

etc, through this research the following problematic can be posed: what is the difference between a sales contract and a contract of preservation of the right and what are the obligations of the parties and what is the penalty for breaching these obligations? We will try to answer this problem in accordance with the plan, showing the fundamental difference between them, namely that the contract of sale