إجراءات توقيع الحجز على العقار والآثار المترتبة عليه في ظل قانون الإجراءات المدنية والإدارية

الملخص EN

The issue related to the real property seizure is considered one of the most accurate and complex legal and procedural issues, since it has concerns the constitutionally enshrined right of ownership, which has been surrounded the Algerian legislator by an arsenal of laws whose main aim is ensuring protection thereto.

Nonetheless, in view of the seriousness of implementation on real property, the legislator drew up precise procedural rules that cover every single issue appertaining to the provisions of seizure, and endeavour providing sufficient guarantees for the implementing parties.

Nevertheless, and in contrast to the preceding Civil Procedures Law, whose provisions were characterized by inaccuracy and complexity on the one hand, and the slowness of procedures, on the other hand, the legislator tried, in the light of the Law of Civil and Administrative Procedures No.

08/09 issued on the 25th of February 2008, to make procedures simpler and deadlines shorter, in such a way to levy a real property seizure in a reasonable time, so as to preserve the rights of the litigant.

More to the point, the legislator has added new texts that were not included therein; thus, it dealt in some details with the basic data of the seizure order, and extended its scope to include, in addition to real property, published real property in-kind rights along with the possibility of levy seizure on unpublished real property rights; in addition to the extent to which such texts reach a balance between the interests of the parties to the real property seizure, as it represents the essence of this study.