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Item الحماية القانونية للمستهلك في عقد القرض الاستهلاكي(University of Ain Temouchent, 2025) بن ثابت , فوزية; خوالف, صراحThe consumer loan contract is one of the modern contracts addressed by the Algerian legislator . It is considered a modern mean's of credit aimed at facilitating consumer access to their personal and family needs Under this contract the lender undertakes to provide a consumer loan which may consist of covering the price of a good or service intended for personal or family use. The ensure that the borrower is not subjected to any exploitation or fraud the Algerian legislator through Executive decree No 114/15 mentioned above has established a set of procedures and measures that guarantee the conclusion and execution of the consumer loan those are intended to protect the borrower from various risk or particularly those affecting their consent and to strengthen their position in relation to the lender given the borrower ' s weaker standing in the contractual relationship . The study addressed the most important provision enacted to protect the consumer from the stage of forming the consumer loan contact until the stage of breach of the contractat.Item تقلص مبدأ سلطان الارادة غي ظل تطور الشكلية(University of Ain Temouchent, 2025) سعدو , محمد رضا; مزواري, محمد; خوالف , صراح"This study aimed to analyze the shifting relationship between the principle of the autonomy of the will and the evolution of legal formalism in contract formation within the context of Algerian private civil law. The research established that the principle of the autonomy of the will, long considered the cornerstone of contract theory and a manifestation of absolute contractual freedom, has witnessed a noticeable and relative contraction in its scope of application. This reduction was not arbitrary but resulted from an accumulation of economic, social, and political factors, prompting the legislator to intervene with mandatory rules imposing formalism in many contracts. This intervention was primarily driven by the need to protect the weaker party ,ensure legal and economic stability in vital transactions, and guarantee transparency. The study clarified that this evolution in legislation shifted the original principle from one of absolute consensualism to one of obligatory formalism in significant contracts, such as real estate dispositions, thereby limiting the individual will and subjecting it to the mandatory will of the legislator. The study concluded that the development of legal formalism has profoundly impacted the contraction of the autonomy of the will, transforming it from a dominant principle to one constrained by regulatory and protective necessities. This reflects the Algerian legislator's endeavor to establish a new, more just balance between contractual freedom and the requirements of public order and protective justice, The key findings highlighted that formalism has become a tool for restriction and protection rather than merely a means of proof, and that the contraction of the principle was relative, not an abolition. Consequently, the study recommended the necessity of periodic review of formal legislation to ensure its alignment with socio-economic developments, enhancing legal awareness among contracting parties regarding mandatory formalities, developing protective justice mechanisms to strengthen the judge's role in protecting the weaker party, and conducting in-depth comparative studies to benefit from other countries' legislative experiences in balancing the autonomy of the will and formalism."Item المسؤولية المالية والشخصية لقابض الضرائب في التشريع الجزائري(University of Ain Temouchent, 2025) العبدلي ,فاطمة الزهراء; أحمد بلقاسم ,سميرة; بن عدة ,عبد الرحمنThe tax collector plays a pivotal role in Algeria’s fiscal system as both a public revenue officer and public accountant. This dual responsibility subjects them to financial and personal accountability governed by a strict legal framework. This study aims to analyze the legal regime governing the responsibilities of tax collectors, particularly under Law No. 23-07 on public accounting and financial management, and Executive Decree No. 10-299 regarding fiscal administration personnel.A descriptive and analytical methodology was adopted, with a practical case study from the Tax Center of Aïn Témouchent Province. The incident highlighted a failure to register and remit a VAT payment on time, exposing systemic challenges such as workload pressure and a lack of digital infrastructure.The originality of this research lies in its dual legal analysis of the tax collector’s financial and personal liability—a topic scarcely addressed in Algerian legal scholarship. The study also offers prospects for future comparative research and assessments of digital reforms on tax oversight efficiency.Item أساليب البحث و التحري الخاصة الترصد الالكتروني نموذجا(University of Ain Temouchent, 2025) برحمون, نرجس; بوعافية ,آمال; عنتر , اسماء"This study examines the legal framework and practical application of special investigation techniques as introduced in Algerian criminal procedure law, particularly following the reforms of 2006 and subsequent amendments. These techniques—such as electronic surveillance, interception of communications, undercover operations, controlled deliveries, and technical monitoring—have emerged as essential tools in combating modern forms of crime, including organized crime, terrorism, drug trafficking, cybercrime, corruption, and money-laundering. The research highlights the legislative rationale behind adopting these methods, emphasizing the need to balance effective crime detection with the protection of individual rights and privacy. It also analyzes the conditions and procedural safeguards governing their use, including judicial authorization, written orders, time limits, and proportionality requirements. Through doctrinal analysis and reference to comparative legal frameworks, the study evaluates the efficiency and limitations of these investigative tools, demonstrating their crucial role in enhancing the accuracy of evidence collection while acknowledging the legal and ethical challenges they raise. The findings suggest that strengthening oversight mechanisms and updating technical capabilities is vital to ensuring both legal legitimacy and operational effectiveness in the use of special investigation techniques."Item التأمين البحري على البضائع بوثيقة التأمين العائمة(University of Ain Temouchent, 2025) عزاوي, محمد كريم; كتاب, سعيد محمد الخليل; بورطال, أمينة"The research aims to clarify the effectiveness of the floating insurance policy in providing effective legal protection for the insured during maritime transport, through the study of its nature, advantages, and the insurance coverage mechanisms it offers. The study relied on the descriptive-analytical method, which allowed for the interpretation of the policy’s conditions and the analysis of the legal frameworks governing maritime insurance. The results indicated that the policy provides comprehensive and continuous legal protection for transported shipments, thereby enhancing the stability of commercial transactions and reducing financial risks. Furthermore, the clarity of obligations related to providing accurate information contributes to protecting the interests of the parties. In addition, the flexibility of coverage offered by the policy reduces legal and administrative complexities and accelerates the claims procedures. The study confirms that this policy represents an integrated legal model that balances the interests of the parties and ensures the continuity of maritime transport."Item دور الآليات الدولية في حماية حقوق الإنسان(University of Ain Temouchent, 2025) بن يطو, سومية; قلوشة, العالية; بوشاشية, شهرزاد"--- This study examined the topic of human rights through a general conceptual framework, providing a broad perspective on the concept of human rights from its comprehensive viewpoint that included some definitions, historical development, characteristics, and major recommendations made by legal scholars and experts regarding human rights. The study also addressed the efforts of the United Nations in protecting human rights and freedoms, highlighting the extensive efforts made through a large number of bodies operating under the umbrella of the UN organization, whether main or subsidiary bodies. The study clarified that the UN organs do not hesitate to support and protect human rights against any violations in the world, and they proactively take on their role on the ground, monitoring the extent of commitment of member states to respect human rights through stringent oversight procedures."Item دور السلطة الوطنية لمراقبة الانتخابات في تعزيز المسار الديمقراطي في الجزائر(University of Ain Temouchent, 2025) بختي, أحمد; رحموني, خديجة; غزالي, بلعيد"The National Independent Authority for Elections is considered a new oversight body introduced by the legislator under Organic Law No. 19/07 related to the electoral system, which was established as a result of the popular movement that Algeria witnessed in 2019. Following the constitutional amendment in 2020, the independent authority was enshrined in the Constitution under Articles 200 to 203. On this basis, Ordinance No. 21/01 was issued, which includes the new organic law on the electoral system, thereby repealing the previous organic law. This new law granted broad powers to the Independent Authority to supervise and organize all electoral and referendum processes at all stages, from the convening of the electoral body to the announcement of preliminary results, in order to ensure their credibility and transparency. "Item النظام القانوني لسلطة ضبط الصحافة المكتوبة و الصحافة الإلكترونية في ظل قانون رقم 23-19(University of Ain Temouchent, 2025) عبد الوهاب, دعاء كوثر; قرين, محمد الأمين; مزردي, عبد الحقThis dissertation examines the legal framework of the Regulatory Authority for Printed and Electronic Press in Algeria under Law No. 23-19 of December 2, 2023. The research aims to clarify the legal and institutional status of this authority, highlight its nature and characteristics, and analyze its degree of independence from the executive power. It also addresses the regulatory role of the authority over both printed and electronic press, focusing on licensing requirements, compliance with professional ethics, prevention of monopolies, and monitoring of media content. The study concludes that the Press Regulatory Authority plays a crucial role in balancing press freedom with public order requirements, but its effectiveness depends largely on its real independence and the proper implementation of the law.Item غرفة الإتهام في قانون الإجراءات الجزائية(2025) شعيب, كوثر خديجة; شريفي, نور الهدى; أسود, ياسين"The Indictment Chamber is a specialized judicial body that aims to review decisions issued by the investigating judge or the public prosecutor before being referred to court, in order to ensure their compliance with the law and the validity of the procedures taken. It has jurisdiction to examine appeals against referral, release, or seizure orders, as well as in cases where the public prosecutor refuses to pursue the case, with the possibility of modifying or correcting the legal characterization of the facts if it does not match what actually occurred. Its procedures are characterized by strict formality, as decisions must include the signatures of the chamber’s president and the court clerk, along with the specification of the date and place; otherwise, the decisions are deemed void. The law also requires notifying the parties of the hearing date, and deliberations are held in closed sessions with the presence of the judges and the clerk, while allowing the parties and their lawyers to attend to present their observations orally or in writing, or to request an adjournment if they were not informed or did not receive the legal documents in due time, thereby ensuring the right of defense and safeguarding justice"Item ضمانات حقوق المتعامل الاقتصادي في مواجعة السلطة القمعية لسلطات الضبط الاقتصادي(University of Ain Temouchent, 2025) مغني صنديد, محمد أمين; لعلام, محمد مهدي"Modern administrative law has witnessed a significant shift in the role of the state from an interventionist model to a regulatory one, which led to the emergence of independent economic regulatory authorities. These bodies exercise regulatory, supervisory, and even punitive powers, including imposing administrative sanctions without judicial intervention. This raises several legal and constitutional concerns, especially regarding the principles of legality, separation of powers, and the right to defense. This study aims to analyze the legitimacy of such punitive powers, exploring their constitutional basis, and highlighting the legal safeguards necessary to protect individuals, with particular emphasis on judicial oversight and the functional and institutional independence of regulatory authorities. "Item العمل للنفع العام كعقوبة بديلة في النظام القانوني الجزائري(University of Ain Temouchent, 2025) أوسعد, حمزة; بودلال, لخضر; لعلام, محمد المهديThis study addresses community service as a modern alternative to custodial sentences in Algerian law. The research shows that short-term imprisonment fails to ensure deterrence and rehabilitation, producing negative social effects. Community service emerges as a strategic option that balances deterrence with reintegration while serving society. The legislator has established a clear legal framework for its application and supervising institutions. However, implementation faces challenges such as weak institutional coordination and lack of training and awareness. The study recommends improving legislation, enhancing training, and fostering cooperation among stakeholders for greater effectiveness .Item مسؤولية المؤلف في البيئية الرقمية(2025) قادة بلغيتري, علي; بن معزوز, امين; سي بوعزة, ايمانThis study explores the legal framework for protecting copyright in the digital environment, focusing on both national and international legislation. It analyzes the challenges posed by the digital revolution—especially the ease of copying and distributing works without authorization—and highlights the importance of balancing copyright protection with public access to knowledge. The thesis also examines technological protection measures such as encryption and digital signatures, in addition to legal mechanisms like precautionary seizure and civil lawsuits. Key international agreements such as the Berne Convention, TRIPS, and WIPO treaties are discussed.Item شركة NG Soloution الخدمات و الاستشارات القانونية(University of Ain Temouchent, 2025) سويلم, عبد الغني; زروقي, نادية; صديق, سهام"This study dealt with the topic of BMC business model in terms of highlighting its role in the success of the emerging institution, where The study adopts that project owners face several problems, including lack of training on how to prepare a model Commercial work in an effective way, and the presence of great deficiencies in dealing with its external environment, there is an urgent need to develop Programs to support these capabilities, through a comprehensive progressive indication of the NG Soloute of Legal Services and Consultations The study and clarify its strategy as it relied on our study on the questionnaire that included questions and was asked on the crew Administrative in institutions "Item رضا الزوج في الخلع بين غموض النص القانوني وعدم استقرار الاجتهاد القضائي(University of Ain Temouchent, 2025) بريك, فايزة بشرى; بداوي, إسراء; براهيمي, نادية"Khul' is considered one of the ways to dissolve a marital bond. Controversy has arisen over whether the husband's consent is an essential condition for filing a khul' lawsuit, especially in light of the ambiguity of Article 54 of the Algerian Family Code and the conflicting judicial interpretations surrounding it. This article does not explicitly specify whether the husband's consent is necessary, which has led to discrepant judicial rulings. Some bodies consider khul' a consensual contract requiring the husband's acceptance, while other bodies have permitted a khul' ruling without his consent if it is proven impossible to continue the marital relationship. This ambiguity in the text has also resulted in an imbalance in the stability of judicial rulings, undermined the principle of legal security, and created difficulties for the wife in exercising her right to terminate the marital relationship. The memorandum concluded that the legal text should be amended and judicial interpretation unified to achieve balance and clarity. Keywords: Khulu', husband's consent, judicial interpretation, marital bond."Item مبدأ المحاكمة العادلة في ظل القضاء العسكري(University of Ain Temouchent, 2025) دلبرز, اكرام; كرزازي, أرقية; زعزوعة, نجاة"This research sought to examine the extent to which the principle of a fair trial is applied in the Algerian military judiciary, by examining the legal framework governing it and analyzing the procedural guarantees guaranteed within it. The study demonstrated that military justice is characterized by a special nature that requires a legal regulation separate from that of ordinary justice. This raises issues regarding the extent to which litigants' rights are respected, particularly military personnel and those in a similar position. By analyzing the Military Justice Code, amended by Law 18-14, and comparing it with international standards, it was found that Algerian lawmakers have taken positive steps toward adapting military justice to the principle of a fair trial by establishing the principle of two-tiered litigation, strengthening the independence of military judges, and improving procedural guarantees. However, there are ongoing challenges related to issues such as the disallowance of civil claims before military courts, the administrative subordination of military judges, and deficiencies in some aspects related to defense rights. Finally, the study recommended the need to strengthen harmony between military justice and common law and to ensure the protection of fundamental rights and freedoms within the military institution, achieving a balance between military discipline and legal justice. "Item حماية اراضي الدولة من التعدي في ضوء القانون 23-18(University of Ain Temouchent, 2025) بودنة, لخضر; بدير, يحيThis dissertation aims to shed light on the legal framework established by Algerian Law No. 23-18 for the protection of state-owned lands against encroachment, It highlights the strategic importance of these lands as a pillar of national sovereignty and sustainable development, The study examines the legal classification of public property and the mechanisms for its protection, with a particular focus on the role of local and administrative authorities, Through the identification of practical challenges, the research uncovers gaps in the implementation process, underscoring the need for integrated institutional reform. A legal-analytical methodology is adopted, supported by official texts and relevant judicial precedents. The study concludes with a set of practical recommendations aimed at ensuring effective enforcement of land protection on the ground.Item المسؤولية الجزائية للبنوك في التشريع الجزائري(University of Ain Temouchent, 2025) بن معزوز, عبد القادر; بن حامة, ايمان; عثماني, سفيان عبد القادرWhile carrying out their duties , banks may commit certain acts that fall under punishable criminal offenses . As legal entities , various types and forms of banks may resort to illegal methods during the execution of their operations , which makes them subject to criminal liability as stipulated by law . The criminal responsibility of a bank , as a legal person , is considered special and conditional . It is not imposed automatically , but rather requires the existence of a legal framework and specific conditions outlined by legislation . For such liability to be established , the offense must be commited in the name or for the benefit of the bank, by one of its members or legal representatives . The Algerian legislator has addressed this serious phenomenon through a set of legal previsions , most notably law No. 04/15 of November 10, 2004 amending and supplementing the Penal Code , followed by law No.01/05 related to the prevention and combating of money laundering and terrorist financing , and Law No 01/06 related to preventing and combating corruption .Item الحماية القانونية للمقاتلين في النزاعات المسلحة -دراسة في ظل القانون الدولي الإنساني-(University of Ain Temouchent, 2025) سكران, إلهام; عبد الله نايت, خديجة; بومناد, هاجرCombatants in armed conflicts are granted legal protection Under international humanitarian law, particularly the Geneva Conventions of 1949 and their Additional protocols. this body of law ensures that combatants, especially prisoners of war, are treated Rumanely, protected from torture and degrading treatment, and provided with necessary medical care, it also obliges parties to the conflict to distinguish between combatants and civilians and to refrain from attacking those who surrender or are hors de combat (Unable to fight), these protections aim to mitigate dignity even in times of armed conflict.Item حماية القصر من مخاطر وسائل التواصل الاجتماعي(University of Ain Temouchent, 2025) بن دحوة, مريم اميرة; حاج بوسعادة, فتيحةThis memo addresses the protection of minors from the risks associated with social media platforms, especially given their widespread use among children and adolescents. It focuses on increasing dangers such as cyberbullying, social isolation, and sexual exploitation. The study aims to analyze the conceptual framework of these risks, highlight the challenges minors face in the digital world, and examine the legal mechanisms adopted in Algerian legislation, along with a comparison to some European experiencesItem الحماية القانونية للاموال الشركة قيد التصفية(University of Ain Temouchent, 2025) باخو, الياس رضوان; فورال, سفيان; بليدي, سميرةThis study addresses the legal protection of company assets during the liquidation phase, a critical stage that follows the dissolution of commercial companies, during which the company’s financial obligations are settled and assets distributed. The research focuses on the Algerian legal framework governing liquidation, particularly the role, powers, and legal liabilities of the liquidator—civil, criminal, and disciplinary—towards both partners and third parties. The study is structured into two main chapters: the first examines preventive protection of company assets, and the second analyzes the legal responsibility of the liquidator in managing those assets. It concludes that although the current legal texts provide a general framework for protection, they contain ambiguities and practical gaps that require legislative reform to ensure stricter control and accountability during liquidation.