العقار الفلاحي بين منحه في إطار الامتياز و استرداده من أجل المنفعة العمومية في التشريع الجزائري

الملخص EN

With the promulgation of law N° 10-03, concession became the only mode of exploitation of agricultural lands for the requirement of the interest of the public, which made in necessary for the belonging of the states property the instead of a permanent usufruct, the legislator stipulated in it and in executive decree N° 10-326 and the book of conditions attached to it all the conditions and procedures for converting the permanent usufruct right into a franchise right, and the obligations and rights related to the concession contract of the tow parties which lead to the end of the concession period, the concession right also expires at the end of its term when it is not renewed or at the request of the investor before the end of its term, but the legislator didn’t stipulate the case for the termination of the concession contract administration to resort to expropriation procedures for the public benefits to compensate the investor by 60% of the property value which formed and eye on the public treasury and as a result suggested a revision of this law in this sight .