انتقال الملكية العقارية بموجب المحرر التوثيقي في التشريع الجزائري

الملخص EN

The principle is that the date of the notarial act is the main reference to measure the performance instead of adopting the date of the publication, this last procedure which is regarded as condition for the transfer of the property and not an element for the validity of the notarial deed.

In order to have a formal act, a number of conditions must be respected, in particular that the act written at a notary, and within the limits of his capacity and his competence as well as in the forms provided by the law.

Also, the Pcriminal judiciary didn't considered the notarial act as an private deed.

This research aims also to clarify the necessity of combining legal texts instead of comparing them, using the principles reached by the judiciary and jurisprudence in the issue whose solution it is desired to know.