Law and Compliance in Algeria

Overview by

Business Contract

General Observation
Whatever the form of the contract and the extent of the parties' liability, it is strongly recommended that you take appropriate counsel, especially from a competent Lawyer, and more precisely when it is a question of international contracts.
Law Applicable to the Contract
As the contracting parties choose.
Advisable Incoterms
It is preferable to choose an incoterm FOB  or CIF. Avoid EXW, if you do not want to have to take care of the transport in Algeria which can be complicated..
Language of Domestic Contract
Arabic and/or French
Other Laws Which Can Be Used in Domestic Contracts
If Algerian law is not used, the law of the other contracting party must be chosen..

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Legal Framework of Business

Equity of Judgments

Independence of Justice
Judicial power is not independent in Algeria. Judges are often subjected to disciplinary measures or other repressive measures on the part of the government.
Equal Treatment of Nationals and Foreigners
The Language of Justice
Recourse to an Interpreter
For a court case it is particularly recommended that you resort to the help of an interpreter/translator, as all the exchanges take place in Arabic (the official language). However, most magistrates and lawyers speak French, as well as Arabic.
Legal Similarities
Algerian law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by Algeria.
There are legal similarities with all the countries whose law has come from Roman law, and only partly from Muslim law.

The Different Legal Codes

Accounting regulations Financial accounting system
Contract and property law Civil Code
Customs law Customs Code
Consumer law Code of Consumption
Company law Civil Code ; Code of Commerce ; Fiscal Code ; Currency and Credit Act
Investment law Investment Code
Labor law Labor Code
Checking National Laws Online
Official portal for Algerian Law
Algerian Official Journal
Other Useful Resources
Algerian Ministry of Justice
Algerian search engine for Law
Website of the bureau Francis Lefebvre

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The Jurisdictions

Administrative tribunals
Council of State
Disputes with the State, the Administration, local administration, concerning their decisions
Commercial Tribunal

Court of Appeal
Supreme Court of Appeal– Commercial Section

Commercial disputes
Magistrate's Court
Court of Appeal
Supreme Court of Appeal
Third party liability and insurance, civil status of persons, real estate
Court of summary or Criminal jurisdiction
Court of Appeal
Supreme Court of Appeal
Criminal liability (bankruptcy, misappropriation of funds, complicity, etc.)

Court Officials

The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense. .
Legal expert
A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case. .
Clerk of the Court
All during the procedure, he will write down the exchanges, declarations and observations..
He is a legal officer responsible for serving legal process and for enforcing court decisions. He can also draw up affidavits.
He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
State prosecutor
He is a magistrate who represents the Prosecution in the court
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