إشكالات عملية في الإجراءات التمهيدية لبيع العقار المحجوز

Abstract EN

It is known that the implementation process requires the intervention of many parties, such as the garnisher and the distrained party and others, or those involved in the process of implementation; the president of the court and the court bailiff, so the Algerian legislator sought to find solutions to many complex issues in the Code of Civil and Administrative Procedures for those problems that were impeding the implementation, especially those related with the implementation on the real estate (real property).

Despite this endeavor, there are still several delicate problems that impede the proper implementation of the real estate attachment, especially with regard to the preliminary procedures for the sale of the seized real property, as well as the conditions to sell the seized real property hold by objections hearing which are regarded as problems proved by the practical reality.

Accordingly, we will devote this research to solve the problems contained in the procedural texts that have enabled each interested in the public auction to provide observations and objections, on the conditions of selling the seized property that are deposited by the court bailiff, in the court that has jurisdiction over the seized real property, which are decided by the judiciary in the objection hearing, and the impact of these problems on the executive process.