أحكام تحكير أراضي الوقف في التشريع الجزائري والقانون المقارن

Abstract EN

al-Hakr is considered one of the most important contracts in which Waqf can be developed and invested, despite the jurisprudential and legal controversy it raises.

this controversy stems from it is long-term right and the ability to achieve a balance in the contractual relationship that preserves the entailed estate interest by reforming the idle endowed land so that it can be used, through the provisions of the right of Hakr that set the controls for its establishment, whether those contained in jurisprudence studies or what is included in comparative legislative texts, this guarantees to a large extent the achievement of the benefit of the Waqf subject to the Hakr.

however, the legislator should intervene to add some control to the contractual relationship of this right especially with regard to its conditions, pillars and effects in order to be an effective way to invest and develop Waqf without causing problems in the future.