The legal system of insurance in the field of construction in Algerian law: Compulsory insurance of professional liability and the decimal guarantee

Abstract

The construction sector is considered one of the most important sectors in the country, in proportion to the social and economic function it enjoys, and this sector has undergone many changes and developments through the different stages and eras that the country has gone through, which has experienced a kind of instability due to the transformation of the policy carried out in Algeria from one opposite to another. At independence, it followed the socialist policy based on the consecration of collective property and the consideration of the State as the sole owner, while marginalizing individual initiative. However, this policy did not bear fruit and did not achieve the desired objectives, which prompted the legislator in the late 1980s and early 1990s to review economic policy followed by a major change represented by the adoption of a capitalist economic system based on freedom of initiative and the sanctification of private land ownership. This change had a great impact in the field of construction. Given the great importance occupied by the construction sector, in order to achieve the objectives of the building policy, and to ensure a minimum balance between the parties to the construction projects, it was necessary to surround it with a set of guarantees and provisions. The legislator has decided on these guarantees under several laws, the most important of which are the Civil Code, Law 95-07, amended and supplemented, relating to insurance, and Law 11-04 relating to the activity of real estate development, with numerous modifications. Among these guarantees is the compulsory insurance of professional civil liability and the decimal guarantee, and it is organized by a set of legal texts which organize its provisions, conditions and scope. What we are going to explain in this article.