الاعتراف بالشخصية المعنوية للوقف : مكنة تشريعية لمأسسة الوقف التنموي

Abstract EN

Because of the inability of the natural person alone, and his inability to accomplish major projects that require the accumulation of material and moral potential acceptable to achieve the goals set, It was necessary to find a new approach, In the area of voluntary contracts and in view of the development of the contemporary economic and social situation, the natural donor is no longer a donor through the cessation of his funds.

Alone is able to achieve sufficient results for society in the field of righteousness and public benefit.

On this basis, the Algerian legislator recognized the juridical personality of the endowment along the lines of comparative legislation.

This was stipulated in the Law on endowment No.

91-10 through its fifth article (05) and the Civil Code No.

75-58, amended by law No.

05-10 in article Forty-nine 49, thus aiming at institutionalizing the endowment so as to be characterized by organization, planning, interdependence and cooperation in harnessing the material and human resources to achieve the same objective.

In this regard, we propose this research paper to examine the issue of rooting the idea of the legal personality of the endowment and the Algerian legislator's response to the economic, social and cultural necessity which enabled the granting of this property to the waqf in all its forms and models at present.

we shed light on the concept of moral personality of the endowment, and the implications of acquiring such legal personality, whether legal, organizational, economic or social.

In order to know the extent of its ability to achieve its contemporary goals, which is to invest in various fields in order to alleviate injustice and ease the burden, and then stand on the level of achieving the purpose of granting the Algerian legislator the legal personality of the suspension in view of the reality of the case.