شهر عريضة افتتاح الدعاوى العقارية في التشريع الجزائري : قراءة في نص المادة 35 من القانون 18-18 المتضمن قانون المالية لسنة 2019

Abstract EN

The Algerian legislator has made the publication of the introductory motion requesting in the land register obligatory after its transcription in the courts administration service in accordance with the provisions of article 85 of the executive decree 76-63 establishing the Land Register but this has provoked a debate between the operators in the legal field since the publicity of an application initiating an action is a condition to declare the admissibility of the action or a condition to introduce it? The position of justice remained between those who are for the publicity of the request, as a mandatory procedure and those who consider it an optional transaction, but the operative fact has proved that the obligation of its advertising is more important to protect the operators in the land litigious object.

By the promulgation of Law 08-09 containing the Code of Civil and Administrative Procedures, the legislator opted for the opinion which adopted the obligation to publicize the request, and which considered it one of the reasons for the inadmissibility of the action in form.

The legislator, exclusively, set the objects of the action to be published by Article 519, but he did not deal with the consequences of this advertising either for the acts or for the mechanisms of his advertising or his deletion of the land register until the creation of article 16 A of the order 75-74 establishing the general survey and the institution of the land register under the article 35 of the law 18-18 containing finance law for the 2019 fiscal year.

Key words: lawsuit property; land register; cancellation of the action; judgment; substantive law.