The problems of proving the status of the possessor according to the possession certificate
Mots-clés :
Possession Certificate, Real Estate System, Legal Document, Mortgage, Building PermiRésumé
Possession is a factual condition that is difficult to prove, especially since written evidence is not required for its proof. Therefore, the possession certificate was introduced as a means to accelerate the process of land organization. It serves as a legal possession document on which the holder relies to prove their status and to use possession as a means to acquire ownership. The certificate produces its legal effect and does not require other evidence to prove its validity, placing the holder in a privileged legal position. However, the certificate only confirms the possession of its holder at the date of its issuance. Possession may be interrupted, or the certificate may be revoked, especially since it remains subject to cancellation without a specific time limit. This raises issues concerning the legal effects that the possession certificate may have established, such as the possibility of obtaining a building permit or arranging a mortgage. Thus, legislative intervention is required to address the imbalances in the real estate system.
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[1]. Executive Decree No. 91-254, dated July 27, 1991, determining the procedures for preparing and issuing a possession certificate, established by Article 89 of Law No. 90-25 of November 18, 1990, concerning land orientation, Official Gazette No. 36, issued on July 31, 1991, p. 1365.
[2]. Nabil Ben Aida (2018), "Possession Certificate as a Mechanism for Clearing Real Estate Property," Real Estate Law and Environment Journal, Faculty of Law and Political Science, University of Abdelhamid Ibn Badis Mostaganem, vol. 6, no. 2, p. 11.
[3]. Ghanima Lahlo (2004), "Possession Certificate in the Land Orientation Law," published in Judicial Ijtihad of the Real Estate Chamber, Special Issue, part 2, p. 162.
[4]. Mahmoudi Abdelaziz (2007), "Limits of Possession Certificate in Clearing Real Estate Property," Critical Journal of Law and Political Sciences, Faculty of Law and Political Sciences, University of Mouloud Mammeri Tizi Ouzou, vol. 2, no. 1, p. 220.
[5]. Article 42 of Law No. 90-25, dated November 18, 1990, concerning land orientation, Official Gazette No. 49, issued on November 18, 1990, p. 1560.
[6]. Supreme Court Decision No. 1022612, dated February 9, 2017, issued by the Real Estate Chamber, Supreme Court Journal, no. 1, 2017, p. 122.
[7]. Supreme Court Decision No. 288085, dated March 23, 2005, issued by the Real Estate Chamber, Supreme Court Journal, no. 1, 2005, p. 239.
[8]. Supreme Court Decision No. 200373, dated July 26, 2000, issued by the Real Estate Chamber, Supreme Court Journal, Special Issue, part 2, Judicial Ijtihad of the Real Estate Chamber, 2004, p. 347.
[9]. Supreme Court Decision No. 223939, dated January 23, 2002, issued by the Real Estate Chamber, Judicial Journal, no. 1, 2003, p. 322.
[10]. Supreme Court Decision No. 386808, dated February 14, 2007, issued by the Real Estate Chamber, Supreme Court Journal, no. 1, 2007, p. 435.
[11]. Article 47 of the Land Orientation Law.
[12]. Supreme Court Decision No. 720039, dated June 14, 2012, issued by the Real Estate Chamber, Supreme Court Journal, no. 2, 2012, p. 407.
[13]. Article 14/3 of Executive Decree No. 91-254, dated July 27, 1991, determining the procedures for preparing and issuing a possession certificate, established by Article 89 of Law No. 90-25 of November 18, 1990, concerning land orientation, Official Gazette No. 36, issued on July 31, 1991, p. 1365.
[14]. Articles 8, 10, 11 of Executive Decree No. 91-254, dated July 27, 1991, determining the procedures for preparing and issuing a possession certificate, established by Article 89 of Law No. 90-25 of November 18, 1990, concerning land orientation, Official Gazette No. 36, issued on July 31, 1991, p. 1365.
[15]. Article 43/1 of Executive Decree No. 91-254, dated July 27, 1991, determining the procedures for preparing and issuing a possession certificate, established by Article 89 of Law No. 90-25 of November 18, 1990, concerning land orientation, Official Gazette No. 36, issued on July 31, 1991, p. 1365.
[16]. Executive Decree No. 15-19, dated January 25, 2015, concerning the procedures for preparing and issuing urbanization contracts, Official Gazette No. 7, issued on February 12, 2015.
[17]. Issa Mahzoul (2014), "Powers of the President of the Municipal People's Assembly in the Field of Urbanism," Joussour Publishing and Distribution, first edition, pp. 85-86.
[18]. Abdullah Laouiji (2012), "Urbanization and Development Decisions in Algerian Legislation," Master’s Thesis in Legal Sciences, University of Hadj Lakhdar Batna, Faculty of Law and Political Science, p. 125.
[19]. Memo No. 23-41, dated October 14, 1991, regarding the preparation of possession certificates, issued by the General Directorate of National Properties, Ministry of Economy.
[20]. Article 35 of Law No. 08-15, dated July 20, 2008, specifying the rules for the conformity and completion of buildings, Official Gazette No. 44, issued on August 3, 2008, p. 19.
[21]. Aisha Taib (2021), "Possession Certificate as a Mechanism for Securing Bank Loans," Journal of Legal and Political Studies Research Center, University Center of Tipaza, vol. 5, no. 2, p. 195.
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