The Real Estate Register: From the Personal Registration System to the Real Registration System: Algeria, Tunisia, Morocco as Models

Abdelghani BOUZITOUN

doi:10.34174/0079-036-002-028

Authors

Abdelghani BOUZITOUN Faculty of Law, University of Constantine 1, Algeria

DOI:

https://doi.org/10.34174/0079-036-002-028

Keywords:

The real estate registry, Personal registration, Real registration, Land surveying, Real estate unit

Abstract

The countries of the world have adopted the real estate registration system as a successful means to instill security, trust, and reassurance in real estate transactions. However, the implementation of this system within each country is subject to its capabilities and policies. Hence, two systems for real estate registration emerged in practice: the personal registration system, which relies on the names of individuals such as the owner and those with property rights, and was the first to appear. However, due to its shortcomings in addressing real estate issues, a new system emerged through "Robert Torrens," which is the title registration system, adopted by most countries around the world, including the countries of North Africa.

The land title registration system is characterized by its focus on the property itself rather than on individuals, ensuring greater accuracy in the preservation of property rights and limiting disputes. This system has contributed to enhancing trust in real estate transactions, as it provides a clear and accurate record of property rights, facilitating the process of trading and protecting the rights of the parties involved.

Downloads

Download data is not yet available.

References

[1]. The first thing that can be observed about this registry is that the interest is known only by the person who dealt with the property, without knowing what rights burden it has, which raises a kind of controversy. For instance, someone who is not the true owner of the property may act by selling it and register this sale in their name. On the other hand, the true owner may act in the same way and register this act in their name, resulting in two differing acts for the same property on two separate pages.

[2]. Shanab Muhammad Labib (1974), Studies in Egyptian Land Registry Law, Cairo, Egypt, Institute of Research and Arab Studies, P. 21.

[3]. Sadaqi Omar(1984), Registration of Real Estate Transactions in Algerian Law, Master’s Thesis, Institute of Law, University of Algiers, P.62.

[4]. MAZAUD (1988), Lessons of Law : Securities and Land Publicity by Chabas (F), Vol. 3 ed. P.593.

[5]. Al-Sanhouri Abd El Razak Ahmed (1998), The Intermediate Explanation of the New Civil Law, Beirut, Al-Halabi Legal Publications, Vol. 4, Sale, 2nd ed. P. 422.

[6]. Khalafouni Majid (2012), The Real Estate Registration System in Algerian Law, 11th ed., Algeria, University Publications Office, P. 14.

[7]. The principle of non-applicability of prescription and the principle of absolute probative force are indeed closely related to the principle of absolute registration and derive from it.

[8]. Bouchnafa Jamal (2012), Registration of Real Estate Transactions in Algerian Legislation, Algeria, Dar el-Khaldounia, 2012 ed, P. 69.

[9]. Ayd Edouard (1992), Real Estate Systems – Definition and Liberation, Land Registry, 16th ed., Beirut, Al-Matni Press, P. 11.

[10]. It can be said that the establishment of this principle is a necessity to prevent the loss of rights, as it is also an imperative rule for the establishment of the principle of absolute registration.

[11]. Tawaibiya Ahsan(2016), The Algerian Real Estate Registration System, Master's Thesis, Faculty of Law, University of Algiers, P. 14.

[12]. Hamid Mustafa(1972), Proceedings of the Workshop on Real Estate Registration Laws in Arab Countries, Institute of Research and Arab Studies, March, P. 582.

[13]. To avoid this flaw, some systems stipulated the creation of indices with the names of individuals and the inclusion of the properties they own against these names, including the Tunisian system. However, does this not imply a combination between the personal system and the objective system?.

[14]. Alawi Amar(2014), Property and the Real Estate System in Algeria, Algeria, Dar Houma, P. 7 and beyond.

[15]. Ali bin Azzaam bin Ali Al-Hoshami (2014), The Legal Effects of Real Estate Registration – A Comparative Study – Dar Al-Fikr Al-Qanuni, Mansoura, Egypt, 2014 edition, P. 19.

[16]. Mahmoud Al-Ziryqi Jum'a (1988), The Real Estate Registration System in Sharia, A Comparative Study with the Objective Register, 1st ed., Beirut, Dar Al-Afaq Al-Jadida,, P. 68 .

[17]. Hussein Abdul-Latif Hamdan (2018), The Real Estate Register System, Halabi Legal, Lebanon, P. 21.

[18]. The percentage unit = 100 shares for private ownership = 51 hectares.

[19]. It is defined as the ordinary area that is plowed by a plow drawn by two oxen, which can plow approximately 6500 m² each day.

[20]. Alawi Amar, op. cit., p. 19.

[21]. Judge Munir Al-Farshishi (2017), Property Registration in Real Estate Registration, Sifad Publishing, Tunisia, p. 11.

[22]. Jamal ad-Din Ahmed (1922), Expropriation in the provisions of Sharia and legal texts, Beirut, Modern Library Sidon, P. 18.

[23]. Al-Jiyali Abdul Rahman bin Muhammad, The General History of Algeria, Volume One, Algeria, National Publications Office, p. 41.

[24]. Hajiyat (Abdul Hamid), Algeria in History, the Islamic era from the conquest to the beginning of the Ottoman era, Algeria, National Book Foundation, p. 224.

[25]. Saidouni Nasir al-Din (1982), Studies in Real Property Ownership, Algeria, National Book Foundation, p. 17.

[26]. Mahmoud Al-Zariqi (Jum'a), op. cit, P. 125.

[27]. Ali bin Azzam bin Ali Al-Husami, op. cit, P. 62.

[28]. Ahmed Idrayush(2012) , The Origins of the Real Estate Registration System: A Study of Its Material and Official Sources, Legal Knowledge Series, Morocco.

[29]. Judge Munir Al-Farwish, op. cit, p. 15 and onwards.

[30]. Bourowis Zidan (2011), The Role of Documentation Offices in Regulating Real Estate Transactions, a study day organized by the Wilaya of Skikda on 15/69/2011, the Regional Chamber of Notaries in the East, unpublished, p. 2.

[31]. Statistics and documents relating to the senatus consult on Arab property, Paris. Imperial Printing. P.45.

[32]. Hamdi Pasha Omar (2011) , Transfer of Real Estate Ownership, Algeria, Dar Houma, 2016 edition, P.7.

[33]. Decree No. 12 of 1924 dated February 6, 1924, relates to compulsory land registration, the official gazette of the Republic of Tunisia No. 9 dated February 6, 1924, P. 662.

[34]. Law No. 29 of 1996 relates to updating land records and freeing them from stagnation, the official gazette of the Republic of Tunisia No. 67 dated May 5, 1996, P. 515.

[35]. Official Gazette No. 6572 dated February 12, 1926, P. 662.