موقف الاجتهاد القضائي من نقل الملكية العقارية بالوفاة والتقادم المكسب

الملخص EN

The legislator has developed various ways of moving property and organized it in chapter 2 of part one of book 3 of the civil code, entitled methods of acquiring ownership.

but in fact, these methods do not lead to the acquisition of real property, but the transfer of ownership depends on the month of legal actions, without which it is unable to arrange its effects, especially in kind, since each rule has an exception.

the law excludes the transfer of real property by death from this rule and made it move on as soon as death, and also the transfer of ownership through the statute of limitations, although the legal provisions are clear, the Algerian judicial struggle did not settle on a position, which was necessary to address this issue and clarify its position.