أحكام بيع المحل التجاري في التشريع الجزائري

Abstract

importance the commercial store is of Great on the légal ans économic Levels as It Is a amovible intangible propreté and This Is what prompted the legistalor to organize and frame it legally according to to special rules in the commercial law with a set of rules regulating the procedures for Transferring the ownership of the store, and since the commercial store includes very important moral elements, these elements remain preserving to itself and their legal system, as taking them with the material elements and their familiarity with each other in order to attract customers does not lose their characteristics and advantages. The legislator was also keen on the necessity of voiding the contract of sale of the store in an official form under pain of nullity, in addition to the necessity of publishing it in an official bulletin specialized in legal announcements. The legislator also required, under pain of nullity, at the desire of the merchant, the seller of the commercial store under his concession, to indicate this restriction in the contract and at the Algerian Institute of Industrial Property, if it is related to a trademark, industrial drawing, or industrial model…etc. With regard to rescission, the legislator also required the necessity of registering it and informing the creditors before proceeding with it by the seller, and this is so that commercial openness is achieved in the commercial environment, and also obligated opponents to pay the price in favor of the seller to indicate the reason for their debt and its amount and the proof of their opposition to it.