عـقد الصـلــح فــــي التشـریع الجزائـــري

Abstract

Conciliation is considered as a means to solve litigation between parts, its legality is justified by the Holy Quran, the Sunna and Consensus. The Algerian legislator adopted it as an alternative means to solve litigations in virtue of the law 09-08 of February 25th, 2008 concerning the Code Civil and Administrative Procedures; it has been codified in virtue of the ordinance No. 75-58 of 20 Ramadan 1395 corresponding to September 26th, 1975 concerning the Civil Code, modified and completed by the law No. 10-05 of July 20th, 2005 in addition to the law No. 07-05 of May 13 th, 2007, in the articles from 459 to 466. The article 459 from the Civil Code definite it as a contract that finishes litigation between the two parts, or they will avoid an evident litigation, and this, by moving back reciprocally from a part of their rights, making it a facultative act that the judge accomplishes in all articles in virtue of the article 4 of the Code of Civil Procedures, by the fact, the conciliation will be in two types: juridical in front of the judge and conventional by agreement between parts, that was the object of the first chapter of our study. Conciliation includes the different civil articles, except the second chapter of our study that approached the beginning of conciliation in instances of conjugal dissolution intended in the Family Code that is characterized by obligation in virtue of the article 49, conciliation of professional litigations intended in the law 90-02 of 10 Rajab 1410 corresponding to November 06th, 1990 concerning prevention from collective litigations at work, their regulation and the exercise of the right of strike, the law No. 90-04 du 10 Rajab 1410 corresponding to November 06th, 1990 concerning regulation of individual litigations at work that is accomplished in administrative organisms, finally the juridical conciliation in the Code of Trade intended from the article 317 to 335 that the aim is to send back the debtor to its trade and to take the summit of his function, reinforcing our applied study by jurisprudences dressed the Supreme Court.