شروط الأخذ بالشفعة في القانون المدني الجزائري

Abstract EN

The right of pre-emption is considered as one of the causes to obtain a real-estate property ,it is an action that limits the liberty of sale, the right of pre-emption grants the beneficiary of the right of pre-emption a real-estate sold by its owner to a third party, in compensation of what was paid as a price and the other expenses, while if we consider the right of pre-emption an exceptional motive in which the liberty to conclude a formal contract is absent, the Algerian legislation established a number of substantive and procedural requirements for that matter.

Among the substantive requirements is the fact it is only valid for real-estates, and among the procedural requirements the obligation of the beneficiary of the right of pre-emption to respect the periods in which he expresses his wish to acquire a real estate by pre-emption, otherwise he will lose his right to do so.

The substantive requirements will be the subject of this study by which the pre-emption claimant will be eligible to obtain a real-estate by means of pre-emption right