آليات إثبات الملكية العقارية الخاصة وحمايتها في القانون الجزائري.

Abstract

The property ownership regime in Algeria is very complicated, because it is influenced by the political, economic and social factors inherited from the colonial period, who are still affected by the efforts of the Algerian state to create a complete real estate system guaranteeing the stability of the property and the creation of legal mechanisms with the capacity to get out of this deplorable situation. And follower of the stages followed by the private real estate property in Algeria after the independence, she was completely marginalized until the promulgation of the Constitution of 1989, which has radically changed the real estate policy used in the regulation and control of real estate, in the light of the liberalization of established transactions, when he has passed what is called the official contract after the abandonment of private contracts, which no longer have authority after the publication of Ordinance 70/91, which includes the law on the authentication, which also explicitly stipulated that all the transactions received on the real estate property in the form of official under pain of nullity, the fictitious advertising scheme has also been devoted to the areas covered by the General Land Survey and the transfer of the Land Registry of Owners, which is the only evidence of private property ownership in these areas. As a result, considerable material and human resources have been mobilized to carry out this policy at the level of the National Land Agency as well as for land and other conservation. However, given the weakness of the real estate organization and the delay in the general overview of the land, the Algerian legislator has put in place new mechanisms to ascertain real estate ownership in the areas to be included after the investigation has included the delivery to landlords without securities, title deeds that protect them and allow them to dispose of their property legally, which are concretized by the title of publicity and the certificate of possession for the purification of the private real estate property and the legislator hastened to promulgate the law 07/02, which provides for the establishment of a procedure for the inspection of property rights and the issuance of title deeds through a land survey. It should be noted that, despite all these efforts, the stability and control of the land tenure would not be possible before the completion of the general cadaster of the land, at the same time; the Algerian legislator did not ignore the attacks on the land. private real estate property, whether on land or undeveloped, and has put in place mechanisms of civil, criminal and administrative protection depending on the type and severity of the infringement, except that it will not cease after the adoption of the theoretical protection policy without it becoming operational in order to obtain the desired physical protection.