رهن العقار الشائع رهنا حيازيا عقاريا في التشريع الجزائري

Abstract EN

a co-owners shall be a wholly owned owner of his undivided share and shall have the right to dispose of all kinds of acts provided that he does not harm the rights of the other partners.

The law permits him to pledge his undivided share part or a part of the whole divided share or to mortgage the entire common property, the mortgage in this case is transferred to the assets that are in his share after the division if the share of the property that was originally dependent is not in his share.

The law also authorizes all co-owners to pledge to the common property, which remains true and valid in all of them, whatever the result of the subsequent division or sale of the property because it can not be divided.

The majority, which owns three quarters (4/3) When they relied on strong reasons, while granting the minority guarantees to protect them from the majority decision.