تحول العقد في القانون المدني الجزائري

Abstract

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.