مجلة البحوث القانونية و الاقتصادية
Volume 9, Numéro 3, Pages 215-247
2026-09-12
Provisions Governing The Build–operate–transfer (bot) Contract For The Development And Investment Of Waqf Properties Under Law No. 06-25
Authors : Mehda Djelloul .
Abstract
The Algerian legislator introduced, under the new Waqf Law, the Build–Operate–Transfer (B.O.T) contract as a mechanism for the development and investment of Waqf properties through the implementation of major projects that benefit the Waqf. This contract addresses the Waqf’s need for financial resources required to invest in its properties, particularly immovable properties. It is also regarded as a form of public works contract through which the State develops the infrastructure necessary to meet public needs when it is unable to finance such major projects from its own budget, thereby resorting to private or foreign capital to finance their implementation. The BOT contract did not appear in Algerian legislation as a direct investment mechanism until the enactment of the new Waqf Law. However, the legislator did not lay down detailed provisions governing this contract. Accordingly, this study relies on the general rules of law and draws comparisons with similar financing and contractual arrangements relating to Waqf properties in order to examine the legal nature, conditions and legal effects of the B.O.T contract between its two parties, namely the authority responsible for Waqf and the investor or project company. It further addresses the contractual obligations and rights of both parties, the modes of termination of the contract, and the transfer of the project to the Waqf administration. This study therefore seeks to contribute to the efforts aimed at establishing and regulating the legal framework governing the B.O.T contract as a mechanism for the exploitation, development and investment of Waqf properties.
Keywords
Waqf properties ; exploitation ; development ; investment ; construction ; operation ; transfer
Les articles similaires
بوسالم أحلام
.
عابد يوسف
.
ص 117-132.
Yahia Zeghoudi
.
pages 74-88.
Said Houari Amel
.
pages 257-268.
كريم الدكتور/ عبدالسلام سعيد كريم
.
ص 971-993.
Chenaker Zakia
.
Zaibet Nourreddine
.
pages 543-564.
