الطبيعة القانونية لعقد حجز الوحدات العقارية قيد الأنشاء : دراسة مقارنة

Abstract EN

Due to the many requirements of comfortable living for individuals, many countries have come, especially those that suffer a severe shortage of buildings and real estate units, whether they are residential or professional in comparison with their population and the weakness of their capabilities to fulfill their obligations by opening the door to investment in the real estate sector to promote and develop the construction sector.

From this standpoint, we find that many countries have taken upon themselves to enact legislation adopting the legal system for such types of contracts in order to provide legal protection for the contracting parties involved in this field, and one of the most important forms of these systems is the contract of reservation of real estate units under construction, whose name differs according to the legislation that It was organized according to the French and Algerian legislation due to the peculiarity of their national community.

The contract to seize the real estate units under construction is considered one of the preliminary contracts of a special nature whereby the real estate investor is obligated to seize a real estate unit - whatever its purpose - in the name of the garnishee, and the latter only has to pay a specific amount whose value begins to a specific competent authority according to the laws organizing the contract, Then the real estate investor completes the construction of that real estate unit according to the specifications agreed upon in the contract, initially so that the ownership of the property subject of the contract is transferred according to the legally drawn procedures according to the final contract completely independent of our contract in question