Résumé:
The contract is the congruence of two or more wills to produce
legal effects in the general. The content of the contract shall be
determined by the rights and obligations that it creates, which together
represent the objective or the economic objective sought by each of
the parties of the contract. If the contract is valid, all its effects shall
be incurred as long as this contract is effective and not suspended. If
this contract is null for any reason, the contract can not
have its effects because of the nullity, which necessitates the
return of the situation to what it was before it was concluded.
However, if this result seems so easy in theory, it would be different
and more complex in practice. Such invalidity could have serious
consequences for contractors and others and adversely affect the
stability of transactions.
And to avoid or at least try to minimize the serious consequences
of nullity, the Algerian legislator, like legislators, usually devises legal
means by which they seek to preserve the contract from the invalidity
that threatens and destroys it by adopting a number of legal systems
through which this objective can be achieved. Among these systems is
the system of the transformation of the false contract into a valid
contract, embodied by the article 105 of the Civil Code. We discussed
the transformation of the contract into the Algerian Civil Code, which
intended to determine the legal provisions regulating the technique of
transformation and the extent to which these provisions are responsive
to the purpose of approving the transformation of the contract.
