The evidentiary power of the sources of preference in Algerian Legislation

Abstract

The peculiarity of the priority right does not lie in the fact that it is a collection of insurance in kind, but is due to the consideration of priority as an axis around which the idea of private security revolves because it provides credit that creditors miss in the public guarantee. , including what is attributed to the legal text in the form of franchise rights, and accordingly proving the sources of preference rights is a proactive step in anticipation of the stage of the judicial dispute. This study aims to measure the evidentiary strength of the sources of the right of preference between absolute and relativism and its impact on the excellent creditor fulfilling his rights in priority over other creditors. His position from the burden of proof between a plaintiff and a defendant so that in cases he is obliged to provide evidence, as in the case of a formal mortgage contract and possession mortgage, but in other cases, legal presumptions exempt him from any proof as a picture of rights Keywords: Sources of the right of preference; in-kind guarantees; proof; burden of proof; probative power; evidence of proof.