عقد المضاربة كآلية لتمويل مشاريع الترقية العقارية

Abstract EN

The real estate is the essential article for realizing the property development promotion projects aimed at meeting the needs of the citizens in the field of housing, but the real estate in Algeria faces many problems that prevent it from practicing its economic and social functions.

In addition to the rise of the population growth rate, and the expansion of the rural emigration area.

In view of the continuous rise of the urban and rural real estate prices, by reason of the decrease in supply and the increase in demand for housing despite the weakness of the purchasing power of the majority of citizens, as a result vast areas of urban real estate have transferred to a minority of private landlords controlling the sale and purchase of the real estates.

In the light of these facts, the Algerian legislator has tried to revise the legal provisions which control the urban real estate in order to organize, and manage it properly.

Among these provisions we find the Law No.

11-04.

Furthermore, the legislator has enacted new regulative provisions aimed at organizing the profession of the property developer, this is due to the important role of the property developer in operating the real estate projects aimed at meeting the needs of citizens in the field of housing, but this operation is controlled by the element of funding, that is why it becomes necessary to look for new mechanisms in order to fund the housing projects in the framework of property development promotion.

For example, the specified property speculation contract which domesticates the property speculation in order to become an effective way for funding the property development projects.