الامتياز كنمط لاستغلال الأراضي الفلاحية التابعة للأملاك الخاصة للدولة في التشريع الجزائري

الملخص EN

The act 10/03 dated in July 15th, 2010 establishing the terms and conditions of the exploitation of agriculture lands which are private state property has brought the preference right as a new model to exploit these lands and a substituent of the right of perpetual use under the act 87/19.

The preference right is materialized in an a contract dressed by administration of state’s properties then it should be registered in the land registry on pain of nullity, on the basis of a prepared specifications by the National Office of the Agricultural Lands.

This contract is dressed in the name of each farmer, and in the case of collective exploitation, the contract is dressed in the name of each farmer in joint ownership in equal shares.

It is a temporary immovable proprietary right for renewable 40 years.

It may be transferred, bequeathed, seized and encumbered as a guaranty to obtain bank credits.

This act has also allowed the agricultural exploitation to partnering in order to develop its material, human and technical capacities and to join the process of assembly.

The 10/03 act has reinforced surveillance methods through the expansion of the exercise of the right of pre-emption to the preferential right holders associated in the same agricultural exploitation and the avoidance of the preferential contract administratively by the administration of state’s properties without precluding judicial recourse if the preference holder breaches his obligations.