Résumé:
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.
