Partial filing of court rulings and decisions involving the division of common property in algerian legislation

Abstract

The person who owns the common may sort out his common share alone by resorting to the judiciary and filing a lawsuit to leave the common. Therefore, this research aims to highlight the procedural and legislative controls in place until the transfer of ownership is achieved to the person who wants to sort out his common share. However, the transfer of real estate ownership to the person who wants to sort out his common share will not be achieved unless the judicial ruling inscribed with the executive formula and final judicial decisions ،However, most judicial rulings are often the subject of refusal to file, as they include a lack of some data necessary to publicize the real right. Therefore, judges must take into account all the shortcomings that prevent its publicity.