بيع المحل التجاري في التشريع الجزائري

Abstract

The goodwill is regarded as a quite immaterial mobile and which represents in particular a considerable importance on the legal and economic level; what implied a legal organization and a framing according to specific rules in the code of the trade, as well as other articles appearing in the civil code. The contact of sale which appears in a store is one of the most known contracts and the important ones in the commercial environment. The legislator thus organized the transfer of the commercial good by rules and laws which protect also the goodwill like its important immaterial elements. These elements preserve their legal organization because their union and their fusion with the material elements in order to attract the customers do not make them lose their specificities and their characteristics but on the contrary, that reinforces its base and its organization. In addition, the legislator made a point of paying the attention on the importance to draw up a sale contract in a legal aspect, which is completely in conformity with the legislation and justice. Adding to that the importance also to carry out the publication in official bulletins specialized in the legal notices. Justice also facilitated the cancellation of sale to avoid all kinds of frauds when it is about transfer of good of trade because of the ambiguity which this last has as well as the unspecified difficulty which arises during its estimate and to know the number of the customers. The goal is to proceed to public publicity as well as clearness in the community of trade to make reign confidence. And which is essential in the commercial environment not counting the desire of the legislator to protect the tradesmen who miss experiment to found the transparency and the integrity especially when one speaks about rather considerable goods. The commercial legislator hardly required nullity when the tradesman-salesman commercial in his possession, it must prove of the last by the means of an act and near the Algerian national institute of the industrial property, if that relates to a brand or logo or even an industrial example… etc the goal of the legislator and to protect others, which want to weave legal bonds with the purchaser so that they can be well-informed with regard to the goodwill like the rights near the others, and it is which raises any form of surprised at the time of the exercise of the creditor salesman of the purchaser when the purchaser gives up pouring the price. the legislator states however that the goods must be the last element with privilege and the first which is released with an aim of guaranteeing to the involved in debt purchaser, fidelity by confronting the salesman. As for the resolution, the legislator required his importance and to inform the creditors before his execution on behalf of the salesman, and this until public publicity in the commercial environment and all that in order to protect the trade credit and to reinforce its application in a real way. Moreover, it forced the opponents to pour the price with the profit of the salesman, which implies that it is necessary that they indicate the reason of the opposition and the sum as well as the title for the judge can apply the law especially that the tradesmen tend to be delayed to refund one the others, so the loss of money which requests a protection, which involves a disorder of the trade credit.