الدعاوى العقارية و الصعوبات التطبيقية التي يثيرها شهرها

Abstract EN

Land registry is a technical system that aims at stabilizing land ownership and real property rights, giving people a certain degree of trust and confidence in dealing with the property subject to publication.

The procedures of land registry include not only the publication of the rights and the documents that prove land ownership but also real-estate lawsuits through marginal mark-up mentioned on its opening petitions if the subject matter of the lawsuit is a case that intends to a dissolution, or an invalidation, or an annulment, or a revocation, or a modification of a property right in accordance with Article 85 of Decree N° 76/63.

Since the Algerian lawmaker has stressed the necessity of this procedure, this reflects his desire to let the plaintiff having his real property rights protected.

Due to the controversies surrounding Article 85 and the conflicting judicial opinions that arouse between supporters and opponents over the publication of lawsuits procedures, the Algerian legislator intervened to put an end to that row with the amendments made to the Code of Civil and Administrative Procedures under Article 17 and 519 of Act N° 08/09.

The lawmaker has further confirmed this ruling in Article 16 bis that he incorporated in Order 75/74 under Article 35 of Act 18/18 containing the Finance Law for 2019.

Yet, despite the efforts made by the legislator, procedural difficulties still raise issues that may lead to the loss of people's rights.