الإیجار التجاري

Abstract

The Algerian economy is multi-faceted. It consists of industrial institution dispersed in suburbs and luxurious shops centered in prestigious regions, in addition to all kinds of independent and well-organized businesses and craft, which are usually found in city-centers and mauls. The major preoccupation of the economic actors is the ability to acquire a great number of customers and try to make them permanent clients. In order to fulfill that objective, it is compulsory for them to be stable in their business shops. That fact is immediately acquired as soon as the lease contract will be ratified. The Algerian legislator has not provided any specific definition for the commercial lease. However, the expression ""the commercial lease"" is used to mean a contract through which the owner of a real estate; that is designed for business, craft or industrial activities, ceded to another person to utilized it in return for a specific amount of money and it should be for a limited period of time. Consequently, the legal system of commercial leases permits the coverage of the sum of all possible cases. Those cases may include a craft man, business man using a store or even a multinational company or an industrial institution. Thus the applied rules are the same for the business man or any other craft man or manufactory without the necessity to adjust the store according to the lease-holder’s activities. In addition to some of the civic code provision that are applied on leases in general and which organize costs, duties and rights as well as the different works of repair and maintenance the store, the commercial lease is governed by the provisions of the article n°169 and the succeeding parts of the commercial code.