الأثر المطهر للشهر و الحماية الدستورية للملكية العقارية الخاصة : دراسة مقارنة

الملخص EN

Land advertising has many roles, it aims to informing the public about the legal situation of the buildings, in certain systems it operates the transfer of the rights related to building.

However, the purgative role of land advertising remains the most contested.

It consists in the fact that the advertising formality, once performed, purges the act or the right which is the subject of this formality of its flaws, thus giving it an irreversible probative force.

On the other hand, this role could bring damage to the rights of others, who in application of the principle of the probative force of the land advertising will find themselves deprived of their rights, without having the chance of recourse to justice, which deteriorates the constitutional protection of the property.

The aim of this article is to highlight the statement and scope of the purgative role of land advertising and its relation to the constitutional protection of property.