وسائل الإثبات في المواد التجارية
بن النية أيوب
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We then analyzed some commercial contracts and their relationship to the proof. It has of them those which require it like the deed of the partnership, and y' has of them others which has the car satisfaction of proof such as land transport of the goods and the people. Thus, the majority of the commercial contracts will be proven with all the means because they have the aspect of the agreement and simplicity in the form. Moreover, We approached the registers of trade and their relation with the tradesman. It is held to preserve it and transcribe all its commercial transactions. As for their relationship to our topic, that can be a double-edged weapon. Noting that it is the one of the most reliable means for the proof with the code of the trade, nevertheless that remains far, because rare are Algerian which agree to make this register of trade and accept in against part the taxes and taxes which can harm them, but that should protect them. And as long as the commercial transactions are based on the factor of confidence, it is done at long life. It is what pushed us to approach the topic of the commercial titles like drew up it the legislator. One deduces thus that the weakness from the commercial titles as the title of supply and the bill of lading of… etc in spite of the common ideas, one did not take it into account even the law of exchange resulting from the agreement of Geneva. This said, we connect another subject which concerns the tradesman declaring bankruptcy as long as it does not pay his debts. One thus focused oneself on him, and one noted that the legislator generalized the concept of bankruptcy for everyone, trading or not. The legislator will have to modify this regulation. We concluded our study by the development in the field commercial and amongst other things the E-commerce one, being the only obstacle which remains so that one can align oneself with the world. However, there remain some faults in this field. But we suggest however solutions of this problem. We thus conclude our humble research by a conclusion, where we propose some proposals in order to better understand this phenomenon.
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