أثر بيع الشريك لحصة شائعة في العقار بين الشفعة و الاسترداد في القانون المدني الجزائري

الملخص EN

allowed any co-owner to recover the share sold to a third party by other co-owner.

However, the legislator has imposed restrictions on the acquisition of the pre-emption right following procedures not prescribed in recovery.

This is why co-owners resort to the latter in order to avoid lengthy procedures and saving time.

Pre-emption is the power entitling the pre-emptor - when meeting the reasons and conditions - to substitute for the selling of a real property or one share, regarding all purchaser’s rights.

The preemption right expires when acquiring a sold realty or one share, without purchaser's approval.

When having desire to exercise the pre-emption right, the pre-emptor substitutes inevitably for the purchaser.

The lawmaker includes pre-emption in the articles 794 to 809 from the Civil Code.

Recovery is an authorization granted by the legislator - provided only in the article 721 from the Civil Code - to the co-owners of an immovable property or moveable one, on the contrary, in pre-emption the repurchaser substitutes for the purchaser in all rights and obligations, and without purchaser’s approval for the recovery, when declaring the recovery right.