اكتساب الملكية بالالتصاق
طاشور, عبد الحفيظ
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Accession provisions are the best legal solution for real situations resulting from conflicting interests between the land owner on the one hand and the on- land constructor on the other hand. These were listed by the Algerian legislator in the articles 778 and 791 of the civil law in the chapter concerning ways of gaining property. Accession which might be in immobile or mobile property is the material unity or adherence of two separate things owned by two different persons without their accord. This adherence might be due to natural or human action and the two things cannot be separated without damaging one of them. This leads to the original property owner owning the secondary property by the force of law or the decision of the judge while compensating the secondary property owner for his property. Accession provisions are general and seek to unify immobile property and protect it from multi owners on the one hand and the accumulation of rights in Rem on one immobile property on the other hand. They, as well, allow practical applications such in cases of on-other’s land constructing, with or without a contract between the two opposing parties and in cases of good or bad intention from the part of the on-land constructor. Besides, these provisions define confirmation methods because on-land constructions must be registered at the mortgage registry taking into account that accession is a proof of on-land constructions property for the land owner and calls those who disagree to confirm their claims. Thus, in all cases, the legislator has decided in favor of the land owner who can own the on-land constructions while compensating the on-land constructions’ owner following the above stated considerations. Despite the accession provisions stated in the Algerian civil law, the topic is full of unresolved issues dictated by reality and still not considered by law. Even general provisions cannot be applied on these issues. This calls for urgent intervention from the Algerian legislator to obligate its laws to help the judge and to give importance to all cases of accession especially those concerning mobiles.
- Doctorat droit privé