بيع عقار القاصر بالمزاد العلني في القانون الجزائري

Abstract EN

In order to protect the inheritance of the minor, the Algerian legislation has emitted several restrictions to limit the authority of the legal tutor.

However, the Family Code followed the Islamic jurisprudence in defining the sales conditions in the selling of minor’s real estates, while the civil and administrative law takes over the sales process at public auctions.

Nevertheless, in accordance with the common process between the sale of minor’s real estates and the seizure of immovable assets, it appears that the legal assurances are weakened by the long duration of the process and the procedural complexity which could affect the financial interests of the minor.

To avoid any prejudice, a separation between the both procedures is required for the purposes of saving the interests of the minor