بطلان الحجز التنفيذي على العقار في القانون الجزائري

Abstract EN

The executive seizure of the property is among the legal means used by the creditor to obtain his debt from the debtor through the judiciary.

For that reason, the legislator simplified the creditor's procedures for issuing the seizure order in preparation for the sale of the property in auction.

However, in return, the protection of debtor seized or others in the right of the real estate ownership has not been neglected.

This is by determining the nullity right in case of not respecting terms and procedures of the mortgage enforcement.

Through this article, we have searched for the reasons and procedures for nullifying the executive seizure of the real estate.

The aim of this article is searching for the reasons leading to the invalidity of the executive seizure of the property, then defining the procedures the judicial authority that the distrained conducts to revoke this seizure.

Because in practice, a seized property maybe applied to a person who has no relationship with the distrainer, or mistakingly made in determining the exact seized property.