النظام القانوني لواجب استغلال العقار الفلاحي في التشريع الجزائري

Abstract EN

In view of the importance of agricultural real estate and its role in achieving economic development, the state has intended to surround it with legal protection to preserve it in order to ensure its optimal exploitation, and the real estate legislator has attached great importance to the issue of the exploitation of agricultural real estate by considering its exploitation as a duty and legal obligation for every investor, even if it is The owner himself, and the justification for this restriction of the constitutionally guaranteed private property right is due to the specificity of the social and economic function performed by the agricultural real estate.

Therefore, the owner is no longer free to exploit his property or not, but he is indebted to that, and any default or negligence thereof is considered a breach of the duty to exploit the agricultural real estate and is conditioned as a special kind of abuse of the right under the penalty of imposing strict legal penalties that may amount to the forfeiture of ownership.