الاستثناءات الواردة على قواعد الشهر و أثرها على السجل العقاري

Abstract EN

The authentication of the real estate registration requires that the deposit for publicity must be made by a public officer or public official to do so However, the legislator made an exception to this rule when he considered fixed-date customary contracts to be formal and authoritative, which could be publicized after they had been authenticated.

The prior-publicity rule requires that any document was not already publicized be refused.

However, when the personal publicity system was introduced in parallel with the in-kind publicity until the completion of the general survey, exceptions were introduced to this rule to open the way for the purification of real property by the personal publicity rules.

These exceptions have a positive effect on the cadastral index, the core of the registry, but the determination of the exception by administrative instruction is an unjustified legal violation and has a negative impact on the land register.