اشكالات عقد حفظ الحق في قانون الترقية العقارية

Abstract

"This study addressed the legal issues related to the reservation of rights contract in Algerian real estate development law, as one of the most important preliminary contracts regulated by the Algerian legislator to organize the relationship between the real estate developer and the subscriber before concluding the final sales contract. The focus was placed on issues related to the formation of this contract in terms of its legal nature and constitutive elements, as well as the obligations arising from it for both parties. The study also examined issues related to the execution of the contract, particularly those concerning the legal guarantees protecting the subscriber and the proof of project completion and property transfer. It further discussed the consequences of contractual breach and the related legal sanctions. The study concluded that the effectiveness of this contract depends on the clarity of legal texts and their proper application in practice, despite its role in organizing the real estate market and reducing the housing crisis. "