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Algeria CAPA Avocat study materials
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Algeria CAPA Avocat practice questions

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Question 1Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the statutory limitation period (délai de prescription) for bringing an action in relative nullity (action en nullité relative) under Article 101 of the Algerian Civil Code?

  1. Five years from the day incapacity ceased, the error or fraud was discovered, or duress ended, subject to a ten-year longstop for error, fraud, or duress Correct answer.
  2. One year from the date of contract conclusion in all circumstances
  3. Ten years from the date of contract breach without regard to discovery
  4. Thirty years under common law prescription rules

Explanation

Article 101 of the Algerian Civil Code, as amended by Law n° 05-10, gives five years to invoke relative nullity. The period starts when incapacity ceases, error or fraud is discovered, or duress ends. For error, fraud, or duress, nullity can no longer be invoked once ten years have elapsed since the contract was concluded.

Question 2Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 124 of the Algerian Civil Code, what three cumulative elements are required to establish extra-contractual civil liability (responsabilité délictuelle)?

  1. A personal fault (faute), proven damage (dommage certain), and a direct causal link (lien de causalité) between the fault and the damage Correct answer.
  2. An intentional criminal conviction, material loss exceeding 100,000 DZD, and a formal bailiff notice
  3. A breach of a written promise, financial insolvency, and third-party witness testimony
  4. Gross moral turpitude, physical injury, and lack of professional insurance coverage

Explanation

Article 124 of the Algerian Civil Code establishes the fundamental rule of tortious liability: 'Any act committed by a person that causes damage to another obliges the person by whose fault it occurred to make reparation.' This requires proving three cumulative elements: fault (faute), injury/damage (dommage certain et direct), and a direct causal nexus (lien de causalité directe).

Question 3Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 138 of the Algerian Civil Code, how is the civil liability of a guardian of an inanimate object (gardien de la chose) categorized?

  1. A strict liability based on custody and risk (présomption de responsabilité), from which the guardian can only be exonerated by proving foreign cause (cause étrangère) Correct answer.
  2. A fault-based liability requiring the victim to prove positive negligence in maintaining the object
  3. A purely moral obligation that cannot be sanctioned by judicial award of damages
  4. A joint liability shared automatically with the manufacturer regardless of custody

Explanation

Article 138 of the Civil Code holds that whoever has custody of a thing requiring supervision is liable for damage caused by it, unless they prove that the harm was due to an external cause they could not foresee or prevent, such as force majeure, fault of the victim, or fault of an unpredictable third party. It establishes a presumption of responsibility, not a presumption of fault.

Question 4Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Articles 183 and 184 of the Algerian Civil Code, what is the legal effect of a penal clause (clause pénale) agreed upon by contracting parties?

  1. It fixes in advance the lump-sum damages payable in case of breach, but the judge may reduce it if manifestly excessive or if the principal obligation was partially performed Correct answer.
  2. It transforms the civil contract into an unappealable criminal sanction enforceable by the police
  3. It is void under Algerian public order because private parties cannot evaluate damages beforehand
  4. It binds the court unconditionally such that a judge can never alter the agreed compensation under any pretext

Explanation

Article 183 permits parties to determine damages in advance. Article 184 allows the judge to reduce that amount when the debtor proves that it is grossly excessive or that the principal obligation was partly performed; any agreement excluding that statutory review is void.

Question 5Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 119 of the Algerian Civil Code, what procedural requirement must generally precede a judicial claim for contract termination (résolution judiciaire) for breach of reciprocal obligations?

  1. The creditor must serve a formal mise en demeure (sommation or formal notice) demanding performance within a reasonable time, unless excused by agreement or nature of obligation Correct answer.
  2. The creditor must obtain an administrative permit from the Ministry of Commerce
  3. The creditor must publish an announcement in two national daily newspapers
  4. The creditor must file a criminal complaint with the public prosecutor

Explanation

Article 119 of the Civil Code provides that in synallagmatic contracts, if one party fails to perform, the other party may, after serving formal notice (mise en demeure), demand performance or rescission (résolution) with damages. Formal notice is a procedural prerequisite to place the debtor in default (demeure) before seeking judicial termination.

Question 6Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 127 of the Algerian Civil Code, what conditions must an external event satisfy to qualify as force majeure and fully exonerate the debtor from liability?

  1. It must be unpredictable (imprévisible), irresistible (irrésistible), and external to the debtor (extérieur) Correct answer.
  2. It must be officially declared by a presidential decree published in the Journal Officiel
  3. It must cause financial loss exceeding half of the debtor's registered capital
  4. It must be approved by an unanimous vote of the debtor's commercial creditors

Explanation

Article 127 of the Civil Code states that if a person proves that the damage was caused by an external cause beyond their control, such as an unforeseen event or force majeure, they are not bound to repair it. Jurisprudence and civil doctrine define force majeure by three cumulative criteria: exteriority (extériorité), unpredictability (imprévisibilité), and irresistibility (irrésistibilité).

Question 7Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 379 of the Algerian Civil Code, when does the seller owe the warranty against hidden defects (garantie des vices cachés)?

  1. The seller warrants against defects diminishing the item's utility or value so significantly that the buyer would not have acquired it or would have paid a lower price Correct answer.
  2. The seller only warrants against defects that were deliberately pointed out in writing before sale
  3. The seller is automatically exempted from any defect warranty if the transaction was conducted without a notary
  4. The warranty applies only to real estate and is completely excluded for movable commercial goods

Explanation

Article 379 requires the seller to warrant a defect that prevents the sold thing's intended use or reduces its usefulness so much that the buyer would not have bought it, or would have paid less, had the defect been known. Article 351 defines sale; it is not the hidden-defect provision cited by the generated item.

Question 8Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the statutory prescription period under Article 383 of the Algerian Civil Code for a buyer to file an action for warranty of hidden defects (action rédhibitoire ou estimatoire)?

  1. One year from the date of delivery of the thing sold, unless the seller fraudulently concealed the defect or agreed to a longer warranty period Correct answer.
  2. Five years from the date the contract was signed
  3. Six months from the date the buyer completed full payment of the purchase price
  4. Ten years under general commercial transaction rules

Explanation

Article 383 of the Algerian Civil Code provides that the warranty action is barred by the lapse of one year from the time of delivery (délivrance), even if the buyer discovered the defect later, unless the seller committed fraud by deliberately concealing the defect, in which case common prescription applies.

Question 9Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under the Algerian Civil Code, what is the legal effect of a suspensive condition (condition suspensive) on an obligation?

  1. The obligation exists but its performance is suspended and unenforceable until the uncertain future event occurs Correct answer.
  2. The obligation is immediately enforceable but will be dissolved retroactively if the condition fails
  3. The contract is immediately void for lack of firm reciprocal consideration
  4. The debtor is granted an irrevocable three-year grace period by operation of law

Explanation

Under Article 203 of the Civil Code, an obligation is conditional when its existence depends on an uncertain future event. Under a suspensive condition (condition suspensive), the obligation does not become exigible until the event occurs; once fulfilled, it takes effect, usually with retroactive effect to the date of contracting.

Question 10Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the distinction between joint liability (conjonction) and solidary liability (solidarité passive) among co-debtors under Article 222 of the Algerian Civil Code?

  1. Solidarity among debtors is never presumed and must result from an explicit statutory provision or contractual agreement; each solidary debtor may be compelled to pay the entire debt Correct answer.
  2. Solidarity is always legally presumed in all civil obligations among co-debtors
  3. Solidary debtors can only ever be sued for their fractional equal share of the debt
  4. Joint liability allows the creditor to arrest any debtor without prior judicial judgment

Explanation

Under Article 222 of the Algerian Civil Code, solidarity among debtors (solidarité passive) is not presumed; it must arise from agreement or by virtue of law. When passive solidarity exists, the creditor may demand payment of the entirety of the debt from any one of the co-debtors, who then has recourse against the others for their shares.

Question 11Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 674 of the Algerian Civil Code, what constitutes ownership (droit de propriété)?

  1. The exclusive and absolute right to use (usus), enjoy the fruits (fructus), and dispose of (abusus) a thing, within the limits established by laws and regulations Correct answer.
  2. A temporary right to occupy property revocable at the discretion of the local administrative governor (Wali)
  3. The right to collect rental revenues without any authority to alter or alienate the underlying asset
  4. A collective community privilege exercised solely under the authority of agricultural cooperatives

Explanation

Article 674 of the Civil Code provides that ownership is the right to enjoy and dispose of things in the most absolute manner, provided that no use is made of them prohibited by law or regulation. It encompasses the classic triad: usus (use), fructus (fruits/income), and abusus (disposition/alienation).

Question 12Algerian avocat foundations: civil, procedural, commercial and professional reasoning

How does an easement (servitude) differ from personal obligations under Article 867 of the Algerian Civil Code?

  1. A servitude is a charge imposed upon an immovable property (fonds servant) for the use and utility of another immovable property belonging to a different owner (fonds dominant) Correct answer.
  2. A servitude is a personal work contract binding an employee to a master
  3. A servitude is an exclusive right granted only to public utility telecom companies
  4. A servitude is an encumbrance that can only exist on movable registered vehicles

Explanation

Article 867 of the Civil Code defines an easement (servitude) as a real property encumbrance established on a servient tenement (fonds servant) for the benefit, use, and advantage of a dominant tenement (fonds dominant) owned by a different proprietor. It attaches to the land, runs with the property, and is not a personal debtor obligation.

Question 13Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 882 of the Algerian Civil Code, what is a conventional mortgage (hypothèque conventionnelle)?

  1. An accessory real security right constituted over real property by authentic notarial contract to guarantee the fulfillment of an obligation Correct answer.
  2. A verbal guarantee given before two adult witnesses to secure an informal commercial loan
  3. A possessory pledge requiring the debtor to surrender physical custody of their residential building to the creditor
  4. An automatic statutory privilege created without contract upon the filing of any civil lawsuit

Explanation

Article 882 et seq. of the Civil Code establish that a conventional mortgage is an accessory real security (sûreté réelle accessoire) over an immovable. Under Algerian law, it must be drafted in authentic notarial form and registered at the land conservation office (conservation foncière) to be valid and opposable to third parties. Unlike a pledge, the debtor retains physical possession.

Question 14Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the legal effect of assignment of debt (cession de créance) regarding the debtor under Article 241 of the Algerian Civil Code?

  1. The assignment is opposable to the assigned debtor only upon official notification or the debtor's acceptance in an instrument having a certain date (date certaine) Correct answer.
  2. The assignment takes effect against the debtor automatically the moment the assignor and assignee agree, without notice
  3. The debtor is immediately discharged from payment if the assignor fails to obtain prior judicial authorization
  4. The assignment is void unless the debtor signs as a co-contracting party to the underlying debt transfer

Explanation

Under Article 241 of the Civil Code, the assignment of a claim is opposable to the debtor only if it has been formally served on them by bailiff (signification par huissier) or if they have accepted it through an act with a certain date (date certaine). Prior to notification or acceptance, payment made by the debtor to the original creditor remains legally valid.

Question 15Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 140 bis of the Algerian Civil Code (introduced by Law n° 05-10), what is the liability regime for defective products (responsabilité du fait des produits défectueux)?

  1. The producer or manufacturer is strictly liable for damage caused by a defect in their product, regardless of whether they committed a personal fault Correct answer.
  2. The consumer must prove intentional malice by the manufacturer's corporate directors
  3. Liability is limited strictly to reimbursement of the purchase price and excludes personal bodily injury
  4. No product liability exists in Algerian law outside general contract law

Explanation

Article 140 bis of the Civil Code incorporates modern strict product liability: a producer is liable for damage caused by a defect in their product, whether or not bound by a contract with the victim, and without requiring proof of fault. The victim only needs to prove the damage, the defect, and the causal link.

Question 16Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 671 of the Algerian Civil Code, what subrogation follows when a surety (caution) pays the debt?

  1. The surety is subrogated to all rights, mortgages, privileges, and actions of the creditor against the principal debtor (recours subrogatoire et personnel) Correct answer.
  2. The surety has no legal recourse against the principal debtor and is deemed to have made a charitable gift
  3. The surety can only demand repayment if the principal debtor is adjudged bankrupt
  4. The surety acquires title to the principal debtor's real estate without judicial proceedings

Explanation

Article 671 subrogates a paying surety to the creditor's rights against the debtor. If payment is only partial, the surety may not exercise those rights until the creditor has recovered the whole amount due. Article 644 defines the cautionnement, while Article 670 governs notice to the debtor before payment.

Question 17Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the legal effect of set-off (compensation légale) under Article 297 of the Algerian Civil Code?

  1. Debts are extinguished reciprocally up to the amount of the lower debt when both debts are fungible, liquid, and immediately due (exigibles) Correct answer.
  2. Debts can only be set off if both parties appear in court and sign an amicable conciliation protocol
  3. Set-off applies automatically even if one of the debts is contingent and subject to ongoing expert valuation
  4. Set-off is strictly prohibited between private individuals and reserved for banking institutions

Explanation

Under Article 297 of the Civil Code, legal set-off (compensation légale) occurs by operation of law when two persons are mutually indebted to each other. The debts must be fungible (same nature, such as sums of money), liquid (certain in amount), and exigible (due and payable).

Question 18Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 106 of the Algerian Civil Code, what fundamental principle governs the binding force of contracts?

  1. The contract constitutes the law of the parties (le contrat fait la loi des parties); it can only be modified or revoked by their mutual consent or for reasons provided by law Correct answer.
  2. Contracts are mere guidelines that a judge may freely rewrite whenever one party regrets the bargain
  3. A party may unilaterally withdraw from any contract at will without paying damages if they give 48 hours notice
  4. Contracts automatically expire after five years regardless of the agreed contractual term

Explanation

Article 106 of the Algerian Civil Code codifies the pacta sunt servanda principle: 'Le contrat fait la loi des parties.' Contracts legally concluded have the force of statutory law between the contracting parties and cannot be amended or terminated except by their mutual agreement or as authorized by statute.

Question 19Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 107 of the Algerian Civil Code, how must all contracts be executed?

  1. In accordance with good faith (de bonne foi), binding not only to what is expressed but also to all consequences flowing from equity, custom, and law Correct answer.
  2. Strictly according to literal phrasing, completely disregarding good faith and commercial custom
  3. Under the direct daily oversight of an appointed ministerial supervisor
  4. Only within the territorial boundaries of the wilaya where the contract was signed

Explanation

Article 107 of the Civil Code requires contracts to be executed in good faith. It states that the contract binds the debtor not only to its explicit terms but also to all collateral obligations dictated by the nature of the obligation, equity, custom, and statutory provisions.

Question 20Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the doctrine of unpredictable events (théorie de l'imprévision) codified in Article 107, paragraph 3 of the Algerian Civil Code?

  1. If exceptional, unforeseen, and general circumstances occur rendering performance excessively onerous threatening the debtor with exorbitant loss, the judge may reduce the obligation to reasonable limits after balancing interests Correct answer.
  2. Any change in market price entitles the debtor to unilaterally repudiate the contract without liability
  3. The judge must automatically cancel the contract and order the creditor to refund all previous payments
  4. The theory applies exclusively to maritime charter parties and is inadmissible in domestic commerce

Explanation

Article 107 paragraph 3 of the Civil Code codifies the theory of imprevision (théorie de l'imprévision): if exceptional and unpredictable general circumstances arise making contractual execution excessively burdensome to the point of threatening the debtor with ruinous loss, the court may, after weighing the interests of both parties, reduce the onerous obligation to a reasonable measure. Any clause excluding this judicial power is void.

Question 21Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 102 of the Algerian Civil Code, what distinguishes absolute nullity (nullité absolue) from relative nullity (nullité relative)?

  1. Absolute nullity sanctions violations of public order or the absence of essential formation elements (object, cause); it can be invoked by any interested party or raised sua sponte by the court, and cannot be confirmed Correct answer.
  2. Absolute nullity can only be invoked by the debtor and expires after six months
  3. Relative nullity can be raised by any citizen regardless of standing or interest
  4. There is no distinction in Algerian law; all defects produce identical legal effects

Explanation

Under Article 102 of the Civil Code, absolute nullity protects the general interest and public order. It applies where essential elements (consent, object, cause, or statutory form) are lacking or illicit. It can be invoked by any interested party, raised ex officio by the judge, and cannot be validated by ratification (confirmation). Relative nullity, conversely, protects private consent and can only be invoked by the protected party.

Question 22Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under the Algerian Civil Code, what is the legal presumption regarding ownership of alluvion and land accessions bordering waterways?

  1. Gradual and imperceptible earth deposits formed along the banks of rivers belong by accession (accession) to the riparian landowner Correct answer.
  2. All earth deposits automatically become the private property of the municipality without compensation
  3. Deposits belong to whichever party discovers them and files a claim within 24 hours
  4. Riparian landowners are prohibited from owning any land adjacent to fresh water

Explanation

Under the rules of accession (accession immobilière) in the Algerian Civil Code, gradual and imperceptible deposits of earth formed on the banks of a river or stream (alluvion) belong to the riparian owner (propriétaire riverain) by right of natural accession.

Question 23Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the effect of payment with subrogation (paiement avec subrogation) under Article 261 of the Algerian Civil Code?

  1. The third party who pays the creditor steps into all the creditor's rights, actions, mortgages, and privileges against the debtor, up to the amount disbursed Correct answer.
  2. The debt is completely extinguished with no right of the payer to recover anything from the debtor
  3. The payer becomes the legal owner of all the debtor's real estate assets
  4. The payer is immediately liable for all other existing debts of the debtor

Explanation

Under Article 261 et seq. of the Civil Code, subrogation substitutes the paying third party into the rights of the satisfied creditor. The subrogated party acquires the original debt together with all accessory securities (mortgages, pledges, personal guarantees), enabling recovery against the principal debtor.

Question 24Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 13 of the Algerian Code of Civil and Administrative Procedure (Law n° 08-09 - CPCA), what conditions are required to bring an action in justice?

  1. The claimant must have standing (qualité) and a real or legally recognized potential interest Correct answer.
  2. The claimant must deposit a caution of 500,000 DZD with the court clerk
  3. The claimant must have held Algerian nationality for at least ten years
  4. The claimant must obtain prior written certification from the Ministry of Justice

Explanation

Article 13 of the CPCA requires standing (qualité) and a real or potential interest recognized by law. Capacity is governed separately as a substantive procedural nullity under Articles 64 and 65; Article 13 does not list it as a third condition.

Question 25Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 14 of the CPCA, how is a civil court of first instance formally seised?

  1. By depositing with the court registry a written, signed, and dated introductory petition in as many copies as there are parties Correct answer.
  2. By oral telephone notification to the presiding judge
  3. By sending an informal registered letter to the police commissioner
  4. Exclusively by an oral declaration at a public hearing without written documents

Explanation

Article 14 provides that the tribunal is seised by depositing at the registry a written introductory petition, signed and dated by the claimant, representative, or lawyer, with one copy for each party. The petition's required particulars are in Article 15; service is governed by later provisions.

Question 26Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 37 of the CPCA, what is the general rule governing territorial jurisdiction (compétence territoriale) in civil litigation?

  1. The court of the domicile or residence of the defendant (tribunal du domicile du défendeur) has territorial jurisdiction, unless an explicit statutory exception applies Correct answer.
  2. The court of the plaintiff's birthplace in all circumstances
  3. The court situated closest to the capital city of Algiers
  4. The court chosen unilaterally by the plaintiff's attorney

Explanation

Article 37 states the general defendant-domicile rule, or the defendant's residence if there is no known domicile. Statutory exceptions govern particular disputes; for example, Article 40 assigns immovable-property actions to the court where the property is located. The generated explanation cited Article 39 for that example.

Question 27Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 40 of the CPCA, which court has exclusive territorial jurisdiction over real estate actions (actions immobilières)?

  1. The court within whose territorial jurisdiction the immovable property is situated (tribunal du lieu de situation de l'immeuble) Correct answer.
  2. The court of the defendant's registered commercial headquarters
  3. The Supreme Court (Cour suprême) acting as a trial court of first instance
  4. Any court selected by mutual agreement of the parties after litigation has begun

Explanation

Article 40 of the CPCA makes the court where the immovable is situated exclusively competent for real-estate actions and leases involving immovables. Article 39 covers alternative territorial venues for specified disputes, not this exclusive rule.

Question 28Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 47 of the CPCA, when must an objection to territorial jurisdiction be raised?

  1. It must be raised in limine litis (prior to any defense on the merits or plea in bar) Correct answer.
  2. It may be raised for the very first time on appeal or before the Supreme Court without restriction
  3. It must be raised jointly with the final closing arguments after expert reports are filed
  4. It is an absolute plea in bar (fin de non-recevoir) that can be raised at any stage of proceedings

Explanation

Article 47 requires every objection to territorial jurisdiction to be raised before any defense on the merits or plea of inadmissibility. Articles 49 and 50 define procedural exceptions more generally and require them to be raised together and before merits defenses or pleas of inadmissibility.

Question 29Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What distinguishes a plea in bar (fin de non-recevoir) from a defense on the merits (défense au fond) under Article 67 of the CPCA?

  1. A fin de non-recevoir declares the adversary's action inadmissible without examining its substantive merits (such as lack of standing, lack of interest, or prescription) Correct answer.
  2. A fin de non-recevoir admits the adversary's substantive claim in full
  3. A fin de non-recevoir can only be asserted in criminal proceedings before an examining magistrate
  4. A fin de non-recevoir must always be accompanied by a counter-claim for financial damages

Explanation

Article 67 defines a fin de non-recevoir as a means seeking inadmissibility without examination of the merits, for lack of a right to act such as absence of standing or interest, prescription, expiry of a fixed deadline, or res judicata. Procedural capacity is addressed separately in Articles 64 and 65, so it has been removed from the generated list.

Question 30Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 68 of the CPCA, at what stage of civil proceedings may a fin de non-recevoir be raised?

  1. At any stage of the proceedings (en tout état de cause), even after defenses on the merits Correct answer.
  2. Strictly in limine litis before any other discussion, under pain of forfeiture
  3. Exclusively during the pre-trial conciliation conference before the clerk
  4. Only after a final judgment has been delivered by the Supreme Court

Explanation

Article 68 states that pleas of inadmissibility may be raised at any stage of the proceedings, even after defenses on the merits. Article 69 separately requires the judge to raise public-order inadmissibility grounds of the judge's own motion.

Question 31Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 336 of the CPCA, how does formal service affect the ordinary civil-appeal deadline?

  1. One month after personal service, but two months when service is made at the party's actual or elected domicile Correct answer.
  2. Ten days from the date the judgment was read in open court
  3. Three months from the date of filing the introductory petition
  4. One full year from the end of the judicial calendar year

Explanation

Article 336 sets a one-month appeal period from personal service of the challenged decision and a two-month period when service is made at the party's actual or elected domicile. For a default judgment, the appeal period begins only after the opposition period expires.

Question 32Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What are the two cardinal procedural effects of an ordinary appeal (appel) in Algerian civil procedure?

  1. The devolutive effect (effet dévolutif) transferring the dispute to the appellate court, and the suspensive effect (effet suspensif) halting enforcement unless provisional enforcement was ordered Correct answer.
  2. The cancellatory effect nullifying the lower court and an automatic transfer to arbitration
  3. An immediate liquidation of the defendant's assets and transfer of title to the appellant
  4. An automatic referral of the trial judge to the High Judicial Council for disciplinary audit

Explanation

An ordinary civil appeal has two essential effects: (1) Effet suspensif: it suspends the execution of the challenged judgment during the appeal period and the appellate proceedings, unless statutory or judicial provisional execution (exécution provisoire) applies; (2) Effet dévolutif: it submits the factual and legal matters of the case to the Cour d'Appel within the limits of the appeal.

Question 33Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Articles 299 and 303 of the CPCA, what is the nature of summary proceedings (procédure de référé)?

  1. To obtain provisional, urgent measures without adjudicating upon the substantive merits of the principal right (sans préjudice du principal) Correct answer.
  2. To obtain a definitive and irrefragable judgment awarding permanent damages
  3. To initiate criminal prosecutions against insolvent commercial debtors
  4. To bypass all constitutional rights of the defense without hearing the adversary

Explanation

Article 299 provides the urgent and conservatory route; Article 303 states that the resulting order does not prejudge the merits and is provisionally enforceable. A référé order therefore supplies urgent provisional relief without finally deciding the principal right.

Question 34Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 304 of the CPCA, what is the deadline to appeal an order rendered in summary proceedings (ordonnance de référé)?

  1. Fifteen (15) days from the date of formal service of the ordonnance Correct answer.
  2. Two (2) months from the date of the hearing
  3. Forty-eight (48) hours from the moment the judge signs the order
  4. Thirty (30) days as in ordinary civil litigation

Explanation

Article 304 makes first-instance référé orders appealable and sets a fifteen-day period from service. It also allows opposition within the same period against a last-instance référé order rendered by default.

Question 35Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 354 CPCA, what civil-cassation periods apply after service of the challenged decision?

  1. Two months after personal service, extended to three months when service is made at the person's actual or elected domicile Correct answer.
  2. One month from the delivery of the judgment in open court
  3. Fifteen days from the notification of the decree
  4. Six months from the exhaustion of all amicable settlement attempts

Explanation

Article 354 provides a two-month period for a civil petition in cassation, running from personal service of the judgment or order rendered in last resort. It is three months when service is made at the actual or elected domicile.

Question 36Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 348 CPCA, what is the general effect of a civil pourvoi en cassation on execution of the challenged decision?

  1. As an extraordinary remedy, it has no suspensive effect unless a statute provides otherwise Correct answer.
  2. Yes, all pourvois en cassation automatically suspend execution across all civil disputes
  3. Yes, provided the appellant deposits half the judgment amount in cash with the Supreme Court
  4. No, the pourvoi en cassation is suspensive only when approved by the Ministry of Justice

Explanation

Article 348 states the general rule that an extraordinary remedy and its filing period do not suspend execution unless legislation provides otherwise. Article 567 instead requires a cassation petition to bear the handwritten signature and stamp of Supreme-Court counsel; it is not the suspension provision cited by the generated item.

Question 37Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Articles 380 and 381 of the CPCA, what extraordinary recourse is available to a third party whose rights are prejudiced by a decision rendered in a proceeding to which they were neither a party nor represented?

  1. Tierce opposition (third-party opposition) Correct answer.
  2. Opposition ordinaire against default judgments
  3. Recours en révision before the criminal court
  4. Prise à partie against the court clerk

Explanation

Article 380 defines tierce opposition as a means to reform or retract a decision for the third party's benefit. Article 381 permits it to protect the rights of a person who was neither a party nor represented, subject to the law's stated exceptions.

Question 38Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 392 of the CPCA, what legal remedy is open when decisive documents voluntarily withheld by the opposing party are recovered after a final merits decision?

  1. Recours en rétractation (recourse for retraction/revision) Correct answer.
  2. Appel incident before the local tribunal
  3. Tierce opposition before the bailiff
  4. Opposition par défaut before the Supreme Court

Explanation

Article 392 opens recours en rétractation when decisive documents voluntarily withheld by a party are recovered after a final merits decision, or when testimony or documents used in the decision are later definitively established as false. Article 380 instead concerns third-party opposition.

Question 39Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 800 of the CPCA, what courts possess jurisdiction of first instance in administrative litigation (contentieux administratif)?

  1. Tribunaux administratifs (Administrative Tribunals) Correct answer.
  2. Tribunaux d'instance ordinaires presided over by civil judges
  3. Chambres administratives of the ordinary commercial courts
  4. The Council of State (Conseil d'État) as sole first-instance judge

Explanation

Under Article 800 of the CPCA, the Tribunaux administratifs are the common law jurisdictions of first instance in administrative litigation. They have general competence over disputes where a public administrative entity (the State, Wilaya, Commune, or public administrative institution) is a party.

Question 40Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 829 of the CPCA, what is the statutory deadline for filing an action for annulment for excess of power (recours en annulation pour excès de pouvoir) against an administrative decision?

  1. Four (4) months from the date of publication or individual notification of the contested administrative decision Correct answer.
  2. One (1) year from the date the administrative body was established
  3. Fifteen (15) days from the oral announcement by the Mayor
  4. Thirty (30) days from the end of the calendar fiscal year

Explanation

Article 829 of the CPCA sets the deadline for initiating an action for annulment of an administrative decision at four (4) months, starting from the date of individual notification of the decision or its publication in the official bulletin.

Question 41Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What is the function of the Tribunal des Conflits under the Algerian judicial system?

  1. To resolve conflicts of jurisdiction (conflits de compétence positifs ou négatifs) arising between the ordinary judicial order and the administrative judicial order Correct answer.
  2. To adjudicate boundary disputes between neighboring municipal communes
  3. To judge criminal offenses committed by serving diplomats
  4. To resolve labor disputes between private companies and trade unions

Explanation

Under Organic Law n° 98-03 and Article 179 of the Algerian Constitution, the Tribunal des Conflits is a specialized joint court created to resolve conflicts of jurisdiction between the ordinary court order (headed by the Cour suprême) and the administrative court order (headed by the Conseil d'État).

Question 42Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 612 of the CPCA, what is the preliminary legal step required before initiating forced execution (exécution forcée) on a debtor's assets?

  1. Service by a bailiff (huissier de justice) of an execution command (commandement d'exécuter) granting the debtor a statutory grace period of fifteen (15) days to voluntarily comply Correct answer.
  2. Immediate unannounced entry into the debtor's home with armed police forces
  3. Publication of the debtor's personal photograph on social media networks
  4. Filing a bankruptcy petition with the Ministry of Economy

Explanation

Article 612 of the CPCA requires that before executing any enforceable title (titre exécutoire), the bailiff must serve an execution command (commandement) notifying the debtor of the title and ordering payment within fifteen (15) days. Forced measures cannot commence until this period expires without voluntary payment.

Question 43Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 636 of the CPCA, which assets are protected from civil attachment and seizure (biens insaisissables)?

  1. Indispensable clothing, personal bedding, food supplies needed for one month, and instruments of personal work necessary for the debtor's professional livelihood Correct answer.
  2. All commercial motor vehicles and factory machinery regardless of value
  3. Luxury jewellery, yachts, and second holiday homes
  4. All cash deposits held in private commercial bank accounts

Explanation

Article 636 protects listed assets including essential clothing and bedding, one month of food, specified basic household items, study and professional books within the statutory cap, and tools necessary for the debtor's personal work within the statutory cap.

Question 44Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 667 of the CPCA, what is the procedure of third-party debt attachment (saisie-arrêt / saisie-attribution)?

  1. A creditor attaches sums of money owed to their debtor by a third party (tiers saisi, such as a bank or employer) to directly secure payment of an enforceable claim Correct answer.
  2. The creditor physically arrests the debtor's employer until the wage is handed over
  3. The creditor seizes immovable property owned by the debtor's distant relatives
  4. The court clerk seizes the passport of the debtor during international travel

Explanation

Under Article 667 et seq. of the CPCA, a creditor holding an enforceable title can attach monetary claims owed to the debtor by a third party (tiers saisi, commonly a bank where the debtor has accounts or an employer). This blocks the funds and assigns them directly to the attaching creditor.

Question 45Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 8 of the CPCA, what language rule applies to judicial proceedings and documents?

  1. Arabic is mandatory; all documents submitted in a foreign language must be accompanied by an official translation by a sworn legal interpreter Correct answer.
  2. French is optional at the discretion of the attorney without any translation requirement
  3. Parties may plead in any language recognized by the United Nations
  4. English is the mandatory procedural language in all commercial cases

Explanation

Article 8 requires proceedings and judicial acts, including petitions, submissions, and judgments, to be in Arabic under penalty of nullity. Documents must be presented in Arabic or with an official translation by an approved interpreter.

Question 46Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Articles 293 and 295 of the CPCA, what happens when a defendant fails to appear after being regularly cited in person?

  1. The court delivers a judgment deemed contradictory (réputé contradictoire), which is not open to opposition; any other available remedy follows the ordinary rules for that decision Correct answer.
  2. The lawsuit is automatically dismissed with prejudice against the claimant
  3. The absent party is sentenced to an automatic fine of 100,000 DZD for contempt
  4. The proceedings are indefinitely adjourned until the party voluntarily attends

Explanation

Article 293 treats the decision as réputée contradictoire when a defendant regularly cited in person fails to appear. Article 295 bars opposition against that decision; any available ordinary appeal remains governed by the general appeal rules.

Question 47Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 199 of the CPCA, what is forced intervention (intervention forcée) in civil proceedings?

  1. A party summons a third person so that the resulting judgment may be asserted against that person Correct answer.
  2. The judge joins an unrelated criminal suspect to a civil case without a party request
  3. A witness automatically becomes a party merely by giving evidence
  4. The claimant transfers the lawsuit to a different court without a jurisdictional basis

Explanation

Article 199 permits a party to bring a third person into the proceedings so the judgment can be made opposable to that person. The party seeking forced intervention must serve the third person in accordance with the introductory-proceeding rules.

Question 48Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Article 310 of the CPCA, what is an ex parte petition order (ordonnance sur requête)?

  1. A provisional decision rendered without adversarial proceedings unless legislation provides otherwise Correct answer.
  2. A final unappealable penal judgment delivered against an accused in absentia
  3. An order by the prosecutor arresting commercial merchants for price inflation
  4. A binding contract signed between two attorneys outside the judicial building

Explanation

Article 310 defines an ordonnance sur requête as a provisional decision rendered non-adversarially unless the law provides otherwise. Requests for a finding, summons, or questioning that do not prejudice the parties' rights are presented to the competent court president, who must rule within three days.

Question 49Algerian avocat foundations: civil, procedural, commercial and professional reasoning

Under Articles 27 to 29 of the Algerian Penal Code (Ordonnance n° 66-156 modifiée), what is the tripartite classification of offenses based on gravity of penalties?

  1. Crimes (punished by death, life imprisonment, or temporary reclusion from 5 to 20 years), Délits (imprisonment exceeding 2 months up to 5 years, or a fine exceeding 20,000 DZD), and Contraventions (imprisonment from 1 day up to 2 months, or a fine from 2,000 to 20,000 DZD) Correct answer.
  2. Felonies, High Treason, and Petty Misdemeanors
  3. Administrative infractions, Civil torts, and Constitutional violations
  4. Economic offenses, Military crimes, and Religious offenses

Explanation

Articles 27, 28, and 29 of the Algerian Penal Code divide offenses into crimes, délits, and contraventions according to the principal-penalty scale in Article 5. That scale includes death, life imprisonment, or temporary reclusion from 5 to 20 years for crimes; imprisonment exceeding 2 months up to 5 years or a fine above 20,000 DZD for délits; and imprisonment from 1 day up to 2 months or a fine from 2,000 to 20,000 DZD for contraventions.

Question 50Algerian avocat foundations: civil, procedural, commercial and professional reasoning

What fundamental constitutional and penal principle is codified in Article 1 of the Algerian Penal Code?

  1. The principle of legality: no offense may be punished and no penalty may be inflicted except by virtue of an express provision of law (nullum crimen, nulla poena sine lege) Correct answer.
  2. The judge possesses absolute discretion to create new criminal offenses by analogy
  3. All civil debts may be converted into criminal prison sentences upon creditor demand
  4. Penal laws automatically apply retroactively to acts committed before their enactment

Explanation

Article 1 of the Algerian Penal Code embodies the cardinal principle of legality (principe de la légalité des délits et des peines): 'Il n'y a pas d'infraction, ni de peine ou de mesure de sûreté sans loi.' Criminal texts must be interpreted strictly, analogy is forbidden against the accused, and non-retroactivity of harsher criminal statutes applies.