أحكام حق استرداد الحصة العقارية الشائعة المباعة

Abstract EN

The Algérien civil code permit the co-owner to arrange varions légal actions on his common share, and in return he grants to the rest of the partners with him the right to retrieve that share in the event it is sold by the latter, according to two licenses represented in the right of pre-emption and the right of recovery, and what is observed from during the texts of this law, he has attached great importance to his regulation of the right of pre-emption at the expense of the right of recovery, which made us shed light in this study on this right, by addressing the provisions of the right of the partner in common to recover the common share sold, where did it become clear to us that the Algerian legislator, in regulating the right of recovery, went along with the various Arab legislation that took this right and was inspired by the French legislation, by including a single legal article regulating this right, in which he did not explain the procedures for exercising it in a detailed and clear way, as he did regarding the right of pre-emption that its procedures were detailed, which led to making this right a mere provision in the law that is not applicable in practice.