Legal term for payments in Algeria

Payment term legislation in Algeria is generally based on contractual terms agreed between parties under the relevant contract i.e. the commercial contract, purchase order, or invoice. These will be governed by the general provisions of the Civil Code, Commercial Code, Code of Civil Procedure, subject to any specific provision applicable to the sector concerned for the transaction concluded. 

Some payments (e.g. electricity, water, gas internet bills) are subject to a specific term payment imposed by relevant public providers and should be paid at the due date indicated on the invoice.

There is no standard payment term provided by law. It is generally agreed upon contractually. In the absence of a contractual deadline condition, the payment is made upon the delivery of the good or the provided services, and upon presentation of the related invoice. As a general practice, the term payment between professionals might vary between seven days and 30 days or more, depending on the operation. 

The extension of the payment term should be agreed in writing between the parties, especially in case of the existence of any initial written contract that should be amended.

Parties should in good faith take each other's interests into consideration in accordance with good commercial practice, and must indicate in writing the extended term and payment schedule.  

Yes, assuming that the PO is a standard contract or refers to the framework contract and provided that the parties agree. Otherwise, the parties must evidence their approval in a signed appendix. 

No.

However, in the absence of an attempt to recover an outstanding debt during and after the contractual deadlines, the company’s manager should be consulted.

No such legislation has yet been adopted. However, measures have been adopted for the extension of payment terms related to telephone, electricity and water bills, as well as the payment of taxes, social security contributions, and the tax on vehicles. 

An electronic invoice is admitted by Algerian Courts as evidence although it is still not widely used in practice. Notwithstanding proof of notification rules, the deadline relating to the settlement of the invoice starts the day after the notification of this invoice (by electronic means, mail, hand delivery, and by deed extra-judicial). In which case, it will be necessary to ensure that the person is duly identified in writing and that the invoice is established and kept in conditions likely to guarantee its integrity as provided by article 323 ter of the Algerian Civil Code. Provisional and executory measures may be obtained when an uncontested hard-copy invoice receipt is available.