THE LEGAL FRAMEWORK FOR THE AUTOMOBILE COMMERCIAL CONCESSION IN ALGERIA
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Abstract
Algeria embarked on a policy of reform with the introduction of the market economy, whereby the state began to adapt its laws to this economic system. The state's monopoly on foreign trade was lifted, and economic operators were given the right to import and export goods in accordance with state laws, as this activity grew rapidly. The importation of automobiles gained great attention from decision-makers and was the focus of their attention, hence several Executive Decrees related to this activity were issued giving its signifiance in the Algerian market. On one hand, the commercialization of new vehicles was therefore identified as one of the economic activities eligible to investment, and on the other hand, this activity was regulated.
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References
A-Legal texts:
-Decree 75-58 dated on 26/09/1975 on Civil Code amended and supplemented, published in the Official Journal dated on 30/09/1975 No. 78.
-Decree 75/59 dated on 26/09/1975 on Commercial Code, amended and supplemented, published in the Official Journal dated on 30/09/1975, No. 78.
-Decree 03-04 dated on 07/19/2003 on the rules applicable to the import and export of goods, published in the Official Journal dated on 07/20/2003, No. 43.
-Law 15-15 dated on 15/07/2015 amending and supplementing Ordinance 03-04 on the rules applicable to the import and export of goods, published in the Official Journal dated on 29/07/2015 No. 41.
-Law 22/18 relating to investment dated on July 24th , 2022, published in the Official Journal dated on July 28th, 2022, No. 50.
-Executive Decree 97-39 dated on 18/01/1997 relating to the Code of Economic Activities subject to registration in the Commercial Register, amended and supplemented, published in the Official Journal dated on 19/01/1997 No. 05.
-Executive Decree No. 07-390 dated on 12/12/2007 specifying the terms and conditions of exercising the activity of new vehicle dealerships (repealed) published in the Official Journal on December 12th , 2007, No. 78.
-Executive Decree No. 15-58-58 dated on 08/02/2015 specifying the terms and conditions of exercising the activity of new vehicle dealerships (repealed), published in the Official Journal dated on 08/02/2015 No. 05.
-Executive Decree No. 20-227 dated on 19/08/2020 defining the conditions and methods of practicing the activity of new vehicle dealerships (repealed), published in the Official Gazette dated 19/08/2020 No. 49
-Executive Decree No. 22-383 dated on 17/11/2022 specifying the terms and conditions of exercising the activity of new vehicle dealerships, published in the Official Journal dated on 17/11/2022 No. 76.
B-Books :
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-Philippe le Tourneau, 1994, commercial concession, économica, France.
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-Jean-Bernard Blaise, 1999, Business law; trader, competition, distribution, L.G.D.J, France.
C-Thesis:
-Benkheda Hassiba, 2021/2022, The rules of commercial practices applied in the field of importation, PhD thesis, Faculty of Law, University of Algiers 1, Algeria.
- Abderrahmane Azzaoui, The legal system of administrative licenses in Algerian legislation, 2007.
PhD thesis, University of Algiers 1.
D - Newspaper articles:
-Amina Hohesh, 2021, Regulated activities as a restriction on freedom of investment in Algerian legislation, Journal of Legal and Economic Studies, volume 04, No. 03. Pages 96-117, Algeria.
-Azizi Jalal, 2021, The activity of new vehicle dealerships: Any new regulation?", Journal of Legal and Political Research, volume 06, No. 01, pp. 35-50, Algeria.