دور العقد في نقل الملكية العقارية في ظل الأثر المنشئ للشهر العيني في التشريع الجزائري

Abstract EN

The original real estate rights, and specifically the right of ownership are transferable between the contracting parties and enforceable against third parties only from the time of their registration in the land publication.

The question that arises in this respect relates to the search for the legal nature of the land publication so as to determine whether the sales contract remains the source of immovable real rights originally, transferred, after their registration to the land publication, is the property would be transferred from the seller to the buyer from its conclusion with retroactive effect of its registration to the land publication.

Or if it has regressed to allow the publication to become the source of that right, the property would be transferred from the seller to the buyer from the publication of the sales contract.