PRIVATE CONTRACT LAW: APPLICATION OR RENEWAL OF GENERAL PRINCIPLES
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Abstract
The contract is one of the most important forms of legal acts, and civil law is concerned with regulating them under the title of the general theory of contracts on one hand, and private contracts on the other hand. However, with the advent of the modern industrial revolution, a new phase emerged, represented by the movement of private contracts, where they separated from the provisions of contract law and transitioned into independent branches, such as labor law and insurance law. This phenomenon reached its peak with technological and economic development, disrupting the contractual balance significantly, leaving its mark on the traditional legal system of contracts, in contrast to the increasing movement of contracts from general to specialized fields.
Algerian legislation has gone through all stages of this development, starting with the enactment of the Algerian Civil Code in 1975 until today. This resulted in a decline in the provisions of contract law in favor of special legislations that began to compete with it, as they relied on new perceptions and philosophies. The most important of these laws are Law 09-03 on consumer protection and the suppression of fraud, and Law 04-02, which defines the rules for commercial practices.
Through our research, we concluded that the legislator’s aim in regulating private contracts within the provisions of contract law is to assist the contracting parties, helping to complete their contractual will without infringing upon it. However, due to the development resulting from the industrial, technological, and economic revolutions, we now face a new phase governed by the general theory of contracts (contract law) on one hand, and special legislations (private contract law) on the other.
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