دعوى الإستحقاق الفرعية منازعة موضوعية في التنفيذ

Abstract EN

The subsidiary entitlement lawsuit may be a substantive dispute in execution when it arises in connection with the initiation of compulsory enforcement procedures on a property by seizing it and initiating the procedures for selling it by public auction in accordance with the provisions of the Algerian Civil and Administrative Procedures Law, or in application of procedural or substantive laws in comparative legislation.

The subsidiary entitlement lawsuit is usually initiated by the interference of others in the execution litigation by objecting to the seizure and sale procedures that take place on a property on the occasion of the execution of an executive deed, and through this dispute a third party is claiming his ownership of the property where he files a lawsuit before the competent judicial authority in accordance with general procedures in filing lawsuits Taking into account the special provisions governing execution disputes, this litigation ends with the issuance of a judgment that includes responding to the judicial request submitted by others and confirming its eligibility for the property with the order to raise a seizure and suspending the sale procedures, or the issuance of a ruling that includes rejecting the requests of others with the order to continue the compulsory enforcement procedures on the property subject to attachment And sell it according to the law.

And the start of implementation with implementation steps taken at the beginning of implementation, I began to implement the normal actions that had been put in place by the Algerian legislature and initial legislation, parties and others could intervene in a dispute with the aim of implementing the request for legal protection against his right in the event that it was found that there was an assault on him.