The role of schemes in the protection of real estate cultural property in Algerian legislation

Karima FERDI

doi:10.34174/vj0wta52

Auteurs-es

Karima FERDI Faculty of Law, University of Constantine 1, Algeria

DOI :

https://doi.org/10.34174/vj0wta52

Mots-clés :

Cultural properties, Real estate, Local schemes, Special schemes, Landmarks

Résumé

Real cultural properties serve as evidence to the Algerian state in particular, and to the Arab and Islamic nations in general. To prevent the disappearance of these landmarks, the Algerian legislator has given them particular attention by establishing legal mechanisms and preventive measures through various legal texts to provide effective protection for these properties. Additionally, there are specific legal mechanisms for protection detailed in particular regulations, including the protective role played by both central and local urban planning schemes, as well as special planning schemes dedicated to the preservation of cultural real estate. In this context, we raise a legal issue: Have these planning schemes, across successive laws, played an adequate role in extending legal protection to cultural real estate properties in Algeria? And if not, how can its protective role be activated?

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Références

Legislative and regulatory texts:

1. Law 98/04 of 15/06/1998 on the Protection of Cultural Heritage, Official Gazette issue. 44 , of 17/06/1998.

2. Law 01/20 of 12/12/2001, on the development and sustainable development of the territory, Official Gazette. 77 of 15/12/2001,

3. Order 67/281 of 20/12/1967 on excavations and protection of historical and natural places and monuments (repealed), Official Gazette No. 07 of 23/01/1968.

4. Decree 91/177 dated 28/05/1991 specifies the procedures for preparing and approving the guideline plan for preparation and reconstruction, Official Gazette issue. 26 dated 01/06/1991.

5. Executive Decree 03/323 dated 05/10/2003, which includes the methods of preparing the plan for the protection and reclamation of archaeological sites and their protected areas, Official Gazette issue. 60 , dated 08/10/2003 .

6. Executive Decree 03/324 , dated 5/10/2003, includes the methods of preparing the permanent plan for the conservation of the saved sectors, Official Gazette No. 06 dated 8/10/2003 .

7. Executive Decree 11/01 dated 5/01/2011 amending and supplementing Executive Decree 03/324 dated 5/10/2003 containing the modalities for preparing the permanent plan for the conservation of the saved sectors, Official Gazette issue. 01 dated 9/01/2011.

Books:

1. Jamaleddine Chaoui ,(2017) The Legal System of New Cities, A Study in Real Estate Legislation, Legal Research and Studies, Dar Noman Publishing House, Algeria.

2. Safia IqlouliOuld Rabah (2014) ,Algerian Urbanism Law, Urban Objectives and Legal Means, DarHoma , Algeria.

Theses:

1. Hassina Ghawas ,Legal Mechanisms for the Management of Urbanism, dissertation submitted for obtaining a magiser's degree in public law, Constantine University, Academic year 2011/2012 .

2. Kamal Tekouacht, Legal Mechanisms to Reduce the Phenomenon of Chaotic Construction in Algeria,Dissertation for a Magister's Degree in Legal Sciences, Specialization in Real Estate Law, Haji Lakhdar University of Batna, Academic Year 2008/2009.

Articles:

1. Mohammed ,MustafaZerbani, Legal Mechanisms for the Protection of Real estate Cultural Property, Al-Wahat Journal for Research and Studies , Volume 9 , Issue : 1 ,Algeria: University of Ghardaia , 2016 .

2. Slimane Bouzekri, The cultural property of real estate between administrative protection and benefit in Algerian law, general supervision of the collective book: Samiha Hanene Khawadjia, Real Estate Cultural Property (Between the requirements of legal protection and the reality of valuation), Alpha Doc Publishing House, Algeria 2021