القيود القانونية النازعة لحق الملكية العقارية الخاصة

Abstract EN

Despite the sanctity enjoyed by private real estate property and the international and internal protection that states have added to this type of rights, the Algerian legislator listed restrictions on them and gave the administration the right to expropriate or restrict this property, whether in relation to explicit legal texts, or in accordance with court rulings and decisions issued About the administrative judiciary.

But in this study, we will deal with the legal restrictions that oppose the right of private real estate ownership and are represented in three basic forms: expropriation for the public benefit, temporary seizure, and nationalization, inexchange for basic guarantees provided by the legislator in the extent to which the public administration respects the rents while carrying out this expropriation.

Through this study, we conclude that the legislator did not provide full legal protection for the expropriated property against the restrictions contained on his right to own property, and this leads us to ask the following question: Was the administrative judiciary better than the legislator in controlling the judicial restrictions contained in the expropriation of private real estate for the public interest? And granting judicial protection to the expropriated property as a guarantee for the protection of private real property.