عقد بیع العقار بناء على التصامیم

Abstract

The contract of sale on plan, relatively to its legal regulation, is recently founded in Algeria, but it was largely and quickly propagated, thanks to its benefits for the purchaser, the seller as well as the state. Nevertheless, it may have some risks, especially for the purchaser. As a matter of fact, the importance of the issue of selling a real estate upon a plan leads us to ask some questions, for instance the adaptation of the contract, its position, and the definition of the real estate promoter’s obligations “the seller”. The study of this subject was elaborated as a comparison between the Algerian law and the French law, considering their tight bond. The study was divided into two chapters; the first one was intended to the nature of the sale contract on plan and its contracting, in the first part, we treated the nature and the characteristics of this contract, and in the second part it was about its contracting. The second chapter was devoted to the effects of the contract of sale on plan, we exposed in the first part, the obligations of the real estate promoter “seller”, and in the second part, the characteristics of property transfer in this contracts as well as the payment of the price. The study of this contract revealed that in spite of its selling character, it differs from the ordinary sale of a real estate, considering its nature of a submission contract. And that the place is extremely bounded with the amount that the purchaser would pay, considering that this amount will be reserved for the financing of the real estate construction operation, which property will be transferred progressively with works performance, constraining the real estate promoter to execute a main obligation, which is the construction of the sold real estate, and assuring it for ten years. The study revealed that this contract became approved and has its own regulation, in spite of the successive regulations ruling it, to expose the deficiencies in the previous legislations; we recorded the deficiency and ambiguity in some sections, even in the new legislation, it concerns the law No. 11-04 of 2011, for these reasons, we concluded the study of the sale contract on plan with some notes in its legal regulation.