إشكالية كسب العقارات المشهر سنداتها بالتقادم في القانون الجزائري

الملخص EN

Estate is considered as the real wealth for man.

On that basis, social rank was given in ancient societies.

This idea has been as well transferded to modern societies.

Therfore, most legislations tried to care about estates and registring thier owners' names.

How evere, because of the increase happening in the number of individuals the registeries became harder that led to the loss of the individuals right.

So, a new accurate system appeared that dealt with the estate itself as a criterion to the registration i.

e the corporeal estate registry.

The legislators adopted the old system basing on the order 75/58 that includes civil law ( Art 827, 828 ) as well as thier application texts.

Then, they used the new system basing on the order 75/74 that includes the general lands survey and lands registery establishment.

When applying the two systems, many problems rose since the judicial decissions contradicted concerning an important issue which is the possibility of gaining publicized corporeal rights through possession.

Among the most important decissions, the one on 15/10/2008 number 479371 published in the Supreme Court Journal number 2 of the year 2008 as well in the Judges Paper number 67.

This decision is the heart of the comment to be linked to both legal and Judicial securItIes which are the basic element to oblain peace and tranquility in the society