THE LEGAL NATURE OF CRAFTSMANSHIP IN ALGERIAN LEGISLATION

Abstract

In this presentation, we will attempt to shed light on a topic of utmost importance in practical application, namely the legal nature of craft industry in Algerian legislation, as its definition has important consequences, the most significant of which are: determining jurisdiction and identifying the rules of evidence that may be relied upon and the regulations to which the craft industry is subject.

What prompts us to ask this question are the provisions of Decree 96-01, which defines the rules governing traditional industries and crafts. This decree distinguishes between two types of legal status to which traditional industry and craft owners are subject. In some cases, they do not enjoy the status of merchant, which requires them to register only in the register of traditional industries and crafts. In the event of a dispute, the matter is referred to the civil law. At other times, their legal status changes to that of a merchant, which entitles them to several advantages, including freedom of proof, and imposes certain obligations on them, such as keeping commercial books and registering in the commercial register, without exempting them from registration in the traditional industries and crafts register. In the event of a dispute, they are subject to commercial law.