THE SPECIFICITY OF COMMERCIAL PLEDGE IN ALGERIAN LAW
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Abstract
The commercial establishment represents a significant financial value; therefore, it can be offered as collateral for a merchant to obtain the necessary credit for commercial exploitation. The fluctuating nature of commercial life may lead a merchant to present their establishment as security to secure a loan through pledging it. Since the commercial establishment is classified as movable property, the merchant can only pledge it possessively, transferring possession to the secured creditor, which consequently deprives the merchant of utilizing their store. This study concludes with a set of findings
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References
Specialized References:
Ahmed Mahrez: Algerian Commercial Law: Commercial Contracts, Vol. 4. Dar Al-Nahda Al-Arabiya, 1981.
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Laws and Decrees:
Algerian Civil Code issued by Order No. 75-58 dated September 26, 1975, containing the Civil Code, amended and supplemented.
Algerian Commercial Code amended by Order No. 96-27 dated 9/12/1996, Official Gazette No. 77 dated 11/12/1996.
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Executive Decree No. 97/41 dated 18/01/1997 concerning the conditions of registration in the commercial register, Official Gazette No. 05, issued on 19/1/1997, amended and supplemented.