ASSESSMENT OF THE EFFECTIVENESS OF THE SUPERVISORY TRUSTEE LIABILITY SYSTEM IN ALGERIAN LAW: FROM REALITY TO DEVELOPMENT

Objective: This research aims to examine the legal framework governing supervisor liability in Algeria, with a particular focus on the evolution of relevant legislation and its practical implications. Theoretical Framework: The study draws on established legal principles, particularly those related to civil liability and the concept of vicarious liability. Key theories and frameworks, including those pertaining to tort law and contract law, will be employed to analyze the legal basis for supervisor liability. Methodology: A qualitative research approach, primarily involving a comprehensive review of relevant legislation, case law, and scholarly literature, will be adopted. This will be complemented by a doctrinal analysis to interpret and critically evaluate the legal provisions. Results and Discussion: The research findings will shed light on the extent to which the Algerian legislator has successfully established a comprehensive legal framework for supervisor liability. It will delve into the specific conditions for imposing such liability, the scope of the supervisor's duty of care, and the available defenses to liability. The discussion will critically analyze the effectiveness of the current legal regime in addressing contemporary challenges and potential areas for reform. Research Implications: The findings of this study have significant implications for various stakeholders, including legal practitioners, policymakers, and individuals who may be affected by issues of supervisor liability. By providing a clear understanding of the legal landscape, the research can contribute to the development of more effective legal strategies and policies. Originality/Value: This research offers a novel contribution to the existing body of knowledge on supervisor liability in Algeria. By examining the historical evolution of the legal framework, identifying gaps and inconsistencies, and proposing potential reforms, this study aims to enhance the understanding of this complex legal issue and its practical implications.

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Publication Details

Journal
Journal of Law and Sustainable Development
Published
2024-11-28
DOI
https://doi.org/10.55908/sdgs.v12i11.4176
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

ASSESSMENT OF THE EFFECTIVENESS OF THE SUPERVISORY TRUSTEE LIABILITY SYSTEM IN ALGERIAN LAW: FROM REALITY TO DEVELOPMENT

Zahira BEN KHADRA
Journal of Law and Sustainable Development
Islamic Finance and Banking Studies
article

ASSESSMENT OF THE EFFECTIVENESS OF THE SUPERVISORY TRUSTEE LIABILITY SYSTEM IN ALGERIAN LAW: FROM REALITY TO DEVELOPMENT

Zahira BEN KHADRA
article en

Abstract

Objective: This research aims to examine the legal framework governing supervisor liability in Algeria, with a particular focus on the evolution of relevant legislation and its practical implications. Theoretical Framework: The study draws on established legal principles, particularly those related to civil liability and the concept of vicarious liability. Key theories and frameworks, including those pertaining to tort law and contract law, will be employed to analyze the legal basis for supervisor liability. Methodology: A qualitative research approach, primarily involving a comprehensive review of relevant legislation, case law, and scholarly literature, will be adopted. This will be complemented by a doctrinal analysis to interpret and critically evaluate the legal provisions. Results and Discussion: The research findings will shed light on the extent to which the Algerian legislator has successfully established a comprehensive legal framework for supervisor liability. It will delve into the specific conditions for imposing such liability, the scope of the supervisor's duty of care, and the available defenses to liability. The discussion will critically analyze the effectiveness of the current legal regime in addressing contemporary challenges and potential areas for reform. Research Implications: The findings of this study have significant implications for various stakeholders, including legal practitioners, policymakers, and individuals who may be affected by issues of supervisor liability. By providing a clear understanding of the legal landscape, the research can contribute to the development of more effective legal strategies and policies. Originality/Value: This research offers a novel contribution to the existing body of knowledge on supervisor liability in Algeria. By examining the historical evolution of the legal framework, identifying gaps and inconsistencies, and proposing potential reforms, this study aims to enhance the understanding of this complex legal issue and its practical implications.

Journal of Law and Sustainable DevelopmentVol. 12(11)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Islamic Finance and Banking Studies
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ASSESSMENT OF THE EFFECTIVENESS OF THE SUPERVISORY TRUSTEE LIABILITY SYSTEM IN ALGERIAN LAW: FROM REALITY TO DEVELOPMENT — Zahira BEN KHADRA · Journal of Law and Sustainable Development (2024) | TGRS Research Map | TGRS