القواعد الإجرائية للحماية الجزائية لحائز العقار في ظل المادة 386 من قانون العقوبات الجزائري

Abstract EN

The property right is the most important of the original real rights, it is an all-encompassing right, and it is permanent and does not lapse by prescription.

it is a right to enjoy and dispose of real property, it is constitutionally guaranteed according to article 60 of the Algerian constitution 2020, however, the holder of this right may be exposed to an infringement bu others while exercising his powers over a property he owns or possesses, the Algerian legislator intervened in order to give legal protection, through the text of article 386 of the Algerian penal code, whiche is considered a penal protection that creates an integration of civil protection for real estate ownership.

through the text of article 386 of the Algerian penal code, which is one of the controversial legal texts at the judicial level because of its flawed translation from the original French text to its current text in Arabic this study came to clarify the position of jurisprudence, is it intended to protect the owner of the property with an official deed, or the owner of the property in case of infringement of real estate ownership.