Mechanisms for Clearing Private Real Estate Ownership Between Legislation and Judiciary
Mots-clés :
Real Estate Ownership, Purification, Legislation, Judiciary, Real Property Registration, Land RecordsRésumé
The legislator aimed to address colonial-era issues by establishing an integrated real estate system to ensure stability in transactions. This led to adopting a property-based registration system, replacing the flawed personal registration method. Comprehensive land surveys were initiated to accurately identify property ownership, resulting in detailed listing and issuance of property registers.
Due to slow land surveying, alternative mechanisms were introduced to expedite property deeds, such as the “Act of Fame,” which was abolished in 2007 due to its complications and impact on public and waqf properties. It was replaced by real estate investigations, and the Land Orientation Law introduced the certificate of possession.
These mechanisms share common conditions: non-application in surveyed areas and protection of public, waqf, and tribal lands. However, they remain insufficient, highlighting the need for more effective tools to support land surveys and property cleansing. The judiciary is also urged to unify its stance and align with the legislator’s objectives.
Téléchargements
Références
[1] Al-Munji, M. (1985). Possession (2nd ed.). Alexandria: Manshat Al-Maaref.
[2] Article 02 of Decree No. 254.91. (1991, 07 27). Specifying the Procedures for Preparing and Issuing the Certificate of Possession Established by Article 39 of Law No. 25.90 Dated: 18.11.1990 on Land Guidance. Algiers, Algeria: Government of Algeria.
[3] Article 02 of Law No. 02.07 Dated: 27.02.2007. (2007, 02 27). Establishing a Procedure for Verifying Property Rights and Issuing Property Titles through Real Estate Investigation. Algiers, Algeria: Government of Algeria.
[4] Article 03 of Executive Decree No. 147.08. (2008, 05 19). Related to Real Estate Investigation Procedures and Issuance of Property Titles. Algiers, Algeria: Government of Algeria.
[5] Article 04 of Law No. 02.07. (2007, 02 27). Establishing a Procedure for Verifying Property Rights and Issuing Property Titles through Real Estate Investigation. Algiers: Government of Algeria.
[6] Article 08 of Decree No. 254.91. (1991, 07 27). Specifying the Procedures for Preparing and Issuing the Certificate of Possession Established by Article 39 of Law No. 25.90 Dated: 18.11.1990 on Land Guidance. Algiers, Algeria: Government of Algeria.
[7] Article 10 of Executive Decree No. 147.08 Dated: 19.05.2008. (2008, 05 19). Related to Real Estate Investigation Procedures and Issuance of Property Titles. Algiers, Algeria: Government of Algeria.
[8] Article 12 Literally Transformed into the Text of Article 324 Bis 1 of the Civil Code Pursuant to Law No. 14.88. (1988, 05 03). Civil Code. Algiers, Algeria: Government of Algeria.
[9] Article 23 of Land Guidance Law No. 25.90, Amended and Supplemented by Ordinance. (1990, 11 18). Algeria: Government of Algeria.
[10] Article 39 of the Land Guidance Law No. 25.90, Amended and Supplemented. (1990, 11 18). Algiers, Algeria: Government of Algeria.
[11] Article 42 of the Land Guidance Law No. 25.90, Amended and Supplemented. (1990, 11 18). Algiers, Algeria: Government of Algeria.
[12] Article 44 of the Land Guidance Law No. 25.90, Amended and Supplemented. (1990, 11 18). Algiers, Algeria: Government of Algeria.
[13] Article 45 of the Land Guidance Law No. 25.90, Amended and Supplemented. (1990, 11 18). Algiers, Algeria: Government of Algeria.
[14] Bacha, O. H. (2013). Mechanisms for Clearing Private Real Estate Ownership. Algiers: Houma Publishing House.
[15] Court of Conflict of the Supreme Court. (2009). Decision Published in the Journal of the Court of Conflict of the Supreme Court. Journal of the Court of Conflict.
[16] Decision Published in the Journal of the Council of State. (2002). Journal of the Council of State. (2).
[17] Decree No. 352.83, Repealed by Article 24 of Executive Decree No. 147.08 Dated: 19.05.2008. (1983, 05 21). Related to Real Estate Investigation Procedures and Issuance of Property Titles. Algiers, Algeria: Government of Algeria.
[18] Judicial Journal of the Supreme Court. (2001). Decision Published in the Judicial Journal of the Supreme Court. Judicial Journal of the Supreme Court(01).
[19] Mahmoudi, A. (2010). Mechanisms for Clearing and Settling Private Real Estate Ownership Titles in Algerian Legislation (2nd ed.). Algiers: Al-Baghdadi Publications.
[20] Official Gazette Issue No. 54. (n.d.). Official Gazette. Government of Algeria.
[21] Ordinance No. 74.75. (1975, 11 12). The Preparation of a General Land Survey and the Establishment of a Land Registry. Official Gazette. Algeria: Government of Algeria.
[22] Weiss, F. (2014). The Real Estate Registry in Algerian Law and Comparative Laws. Algiers: Houma Publishing House.
[23] Zouda, O. (2015). Civil and Administrative Procedure Law in Light of Jurists' Opinions and Judicial Rulings. Encyclopedia.
Téléchargements
Publié
Numéro
Rubrique
Licence
© Revue des Sciences Humaines 2025
Cette œuvre est sous licence Creative Commons Attribution - Pas d'Utilisation Commerciale 4.0 International.
