DOI: https://doi.org/10.36719/2706-6185/53/97-105
Imen Chaabna
University of Skikda-Algeria
https://orcid.org/0009-0000-6170-9185
imenec17@gmail.com
The Policy of the Algerian Judiciary in Annulling Notarized Contracts: An Analytical Study in Light of Algerian Legislation and Judicial Jurisprudence
Abstract
This study aims to demonstrate the importance of notarized contracts, as they are the most important official legal mechanisms used to prove rights and document legal transactions between parties. Despite their evidentiary strength, the Algerian judiciary has the authority to annul these contracts in certain cases if it is found that they are tainted by a defect in the validity of the writing, such as formal defects and defects in consent, like lack of capacity, fraud, coercion, misrepresentation, or exploitation, or if they violate applicable legal texts, such as contravening public order and public morals, and forgery in official documents. Thus, the judiciary is an important oversight authority in confirming the validity of notarized contracts and ensuring their fairness.
Keywords: notarized contracts, official, judicial oversight, annulment, Algerian legislation