الطبيعة القانونية للمواعيد المقررة في دعاوى الشفعة

Abstract EN

The Algerian legislator has approved pre-emption (el chefaa), similar to Islamic law, and it is based on the idea of paying harm to the intercessor connected to a property he owns with the sold property.

given that pre-emption is one of the means of transferring real property, we have included the legislator in accordance with procedures and conditions under penalty of lapse of pre-emption, and the problem raised by the subject of our study what are the legal dates established in the pre-emption lawsuit ? thirty days from the date of notification of the warning to the intercessor to express a desire for pre-emption, and a year delay from the date of recording the sale contract.

we have followed the descriptive and analytical approach to what the subject of our study requires.

we concluded that the legislator gave the intercessor a 30-day deadline starting from the date of his warning from the buyer or seller to exercise his right to pre-emption.