مبدأ الشفافية في عقد استغلال الأملاك العقارية الوقفية

Abstract EN

is one of the means and mechanisms on which the state relies to find solutions to many problems such as unemployment, and social scourges if these means are well used.

El wakaf is also one of the aspects of social solidarity that characterizes Muslim societies.

The real property is entailed for the public interest, and then the public administration takes care to allocate this property to investors to found public services.

There fore, it is necessary to consecrate the principle of transparency to preserve the credibility of the public administration on the one hand, and to encourage individuals who want to entail their real property for the same objective on the other hand.

And for the concretization of the principle of transparency in the choice of the investor and the control which follows the procedure of contract, the legislator has promulgated the executive decree n ° 18-213 which specifies the conditions and models of exploitation of entailed estates orientated to achieve investment projects, through this decree the legislator tried to regulate the operation throughout all its stages, from the determination and limitation of real estates, through the selection of the investor and finally the stage of execution and control.

I want by this study to highlight the degree of concretization of the principle of transparency in the contract of exploitation of the entailed estates to found investment projects to preserve this Islamic heritage and make it a good tradition which contributes to proposing solutions to a lot of problems faced by Algeria.