طرق إكتساب الملكية العقارية الخاصة للدولة على ضوء قانون الأملاك الوطنية رقم 90-30.

Abstract

The private property of the state is the second item of the three items mentioned in the Law Of Real Estate Guidance No: 90-25, recalling articles 17 and 18 of the Constitution of 1989, the idea of the distinction between public and private funds of the State, by the introduction of a clear change to the National Properties Law, No: 84 -- 16. Evolved beyond the idea of changing by the enactment of the National Properties law No: 90-30, as amended and supplemented by the Law No: 08-14, which showed the new blend of property and divided it according to the new constitutional rules, which in turn automatically lead to the existence of two types of property for the State, private property and public property. The State's right of national property, is purely civilian, like individuals to have the funds, which makes it subject to the same rules and provisions governing ownership in civil law, conditions, elements and management, but with a bit of difference. concerning its disputes, in principle, it is the judicial courts which are specialized, but often, it is the public law’s rules which are applied, taking into account the nature of the state as a general persone. The Algerian legislature in Act No: 90-30, relied on the traditional concept, to be known as national private properties, by distinguishing them from public properties. And also adopted the exception method, so all the national properties that do not meet the definition of national public properties are private properties. By the opposite sense, the national private properties are all national properties, which are non-public, and subject to disposal, for the statute of limitations and reservations. but after, the Law No: 08-14 modifies that, and makes the national property of the state not subject to reservation and limitation. the national private property is different from some similar properties, and also similar with at a lot of points, such as public ownership, the ownership of the stay, and the ownership of individuals. Like the individuals, the state acquires real estate through private law such as the contract, donation, acquisition and obsolescence, as it exercises on the right of civilian possession, but that does not entail a total application of the provisions of private law, because every process carried out by the State in this area is characterized by formalities and procedures, and particular stages, because of the public authority nature that characterizes the state, making it subject to the rules of public law in many points. The State does not acquire real properties through private law only, and as a public person who has public authority, the state has other exclusive legal means. In the National Properties Act No: 90-30 the Algerian legislature has considered, both of expropriation for public utility and pre-emption as a two ways to gain the private property of the state. The Algerian legislature enacted the Act No: 91-11, to regulate the provisions and procedures of expropriation, and followed it by regulatory decrees, unlike the pre-emption that is practiced by the state, which makes the provisions of the Civil Code applicable in this area, due to the absence of the text. Although the state is acquiring the properties by exercising the privileges of public power, when resorting to expropriation for public utility and administrative Preemption, these two methods remain in addition to the means of private law means important and effective in the composition of the property that strengthens national ownership.