Le Fondement de la Représentation

Abstract

This article discusses the legal basis of the notion of representation and relies on the support of the theoretical controversies banished on the widely discussed opposition between the authors of the voluntarist thesis and the authors of the objective thesis of the contract in order to reach the position of the Algerian civil code in relation to the two theses. We reached the conclusion considering that the civil code cannot choose the voluntarist thesis, and that the Algerian law could build the theory of representation on the model of the Islamic law. Indeed, Fiqh has succeeded in bringing out the notion of perfect representation; Also, it should be noted that most contemporary legal systems have reached the same conclusion.