آثار عقد الوكالة المدنية في القانون الجزائري المقارن

Abstract

It is ordinary known that the individual has vacation to conclude the civil acts by himself , however he can be led to make by someone else called representative , who can act in the name and on the behalf of the first , by concluding and drawing up acts, himself, giving the impression of acting on his own behalf. That is why the civil mandate is divided into a representative mandate and non-representative mandate. Hence , one is faced to the issue of finding how to define the effects that may result from these types of mandates in the relationship between the principal and the agent from one hand , and their relationship whith the other , from the other hand, this « other » who is not linked with the represented person by any direct legal relationship , and who is also concerned by the effects of the civil mandate. This issue was treated by the Algerian Civil Code in regards to other foreign Arab and non –Arab civil codes , to define the failures that can occur in the Algerian Civil Code in particular on the effects produced by the civil mandate , calling opinions from jurisprudence and legal provisions in relation with the issue .