الجوانب القانونية لانتقال الملكية العقارية بطريق الوصية

Abstract EN

The Algerian legislature regulated the will in articles 184 to 201 of Family Code No.

84/11.

Accordingly, the will is considered a supplementary titling by donation after the testator’s death without the devisee’s immediate consent.

Besides, the devisee’s consent is a necessary condition; thus, the will is invalidated if the devisee overturns it after the testator’s death.

However, except for what is stated in the text of article 191 of the Family Code, procedures of a will’s real property transfer have not been specified unlike reasons of real property ownership such as the real property contract and the immovable property gift.

Nevertheless, this does not prevent reverting to the Civil Code and the laws governing the real estate publicity district to determine procedures of a will’s real property transfer.

This is by using either a notary contract or a judicial decision to be invoked against the testator’s heirs.

Thus, any ambiguity on procedures for holding, probating, and transferring of the real estate after the testator’s death to the devisee will be removed.