تصرف الشريك في حصة مفرزة من المال الشائع في القانون المدني الجزائري

Abstract EN

The acted of partner in the detachment share from the common property raises many questions in practical life , especially when the buyer was thinking that the seller has neither full ownership of the share or common , but it has then realizes in the contract that the seller is not the owner.

Each of the district administrator or the assignee was believed to have disposed of the stake may fall in its share under the division, but did not fall, it leads to instability in the transaction.

From this point the intervention of the Algerian legislator in Article 714 of the Algerian civil law to put a special provision adapted partner in the secreting part of common property after division, but he kept silent about the ruling by the division