THE SPECIFICITY OF THE OFF-PLAN SALES CONTRACT
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Abstract
The off-plan sale contract is a technique which allows individuals to acquire a dwelling through a contract under which the buyer can pay in several instalments the price of the property to be acquired.
What distinguishes this type of sale is that the object of the contract does not exist when the contract is concluded, but it is possible to exist in the future, which gives it a particularity that distinguishes it from the ordinary sales contract.
Through this research work, we would like to clarify to what extent the rules governing off-plan sales contract deviate from the general rules which apply to the traditional contract of sale, by highlight the specificity of this type of sales due to its importance.
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References
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LAAOUAR Rim Rafia, off- plan sale Contract in Algerian Law and French Law, Thesis for obtaining a Doctorat of Science in Private Law , Specialization in Comparative Business Law, Faculty of Law and Political Science, University of Oran 2, Algeria, 2019
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AYACHI Chaaban, The Legal Nature of the Real Estate off-plan sale Contract , Journal of human sciences , No. 37, 2012, pp. 13-131
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Law No. 86-07 of March 4, 1986 on real estate promotion, Official journal No. 10 of March 23, 1986.
Legislative Decree No. 93-03 of 7 Ramadan 1413 corresponding to the first of March 1993, relating to real estate activity, Official journal No. 32, of March 03,1993.
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Executive Decree No. 13-431 of December 18, 2013, laying down the models of the contract of preservation of rights and the contract of sale on designs of real estate, as well as the limits for payment of the price of the property subject to the contract of sale on designs, the amount and duration of the delay penalty and the methods of payment thereof, Official journal No. 11 of December 25, 2013.
Executive Decree No. 13-43 of December 18, 2013 Defining the standard models of contracts for the reservation and sale of real estate on plans as well as the limits of payment of the price of the property subject to the contract of sale on plans and the amount and maturity of the late penalty as well as the terms of its payment, Official journal No. 66, of December 2013.