عقد التأمين من المسؤولية المدنية للمقاول في الجزائر.

Abstract

In order to organize the construction and reconstruction process, the Algerian legislator has undertaken two basic roles, one of which is preventive, through the establishment of controls and controls on the construction , in order to comply with the technical specifications and the required architectural foundations. The second is the reform of the rules to repair the damage and ensure compensation of the affected person through the Compulsory insurance for professional and contractual civil liability of the contractor. The legislator, by virtue of Order 95-07 on insurance, has approved the compulsory civil liability insurance for the contractor who may be exposed to it because of the construction works and the renovation and restoration of the buildings, provided that such insurance extends for the completion of the works from the opening of the workshop until the final receipt. After the final receipt of the works, the construction contractor shall record the final delivery signed by him and the owner of the project and the representatives of the bodies as the technical control body with the latter's report on the conformity of the works for the designs and the necessary measurement to the insured until he enters into an insurance contract to cover his tenth responsibility stipulated in article 554 of the law Civil, and the owner of the project and / or its successive owners benefit from insurance, and it ends with the force of the law after 10 years. Therefore, insurance is considered as the legal mechanism developed by the legislator to cover the responsibility of the contractor. On the other hand, it protects the financial liability of the contractor resulting from the return of the affected person - the non-owner or the entrepreneur - to the responsibility, encouraging him to Innovation and use of modern methods in the construction process.