THE REAL ESTATE REGISTER AS A DOCUMENT FOR REAL ESTATE OWNERSHIP IN ALGERIAN LEGISLATION
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Abstract
The real estate register is an official document prepared in the specialized real estate department regionally through the land registry. Its purpose is to establish property ownership. It contains information about the property, such as location, area, boundaries, current owner, and related property rights. Additionally, the real estate register records all real estate transactions, formal and legal procedures, including sales contracts, gifts, and mortgages. Therefore, it is considered a certified document of property ownership, providing legal evidence of property rights and all associated real rights. It ensures legal security for the parties involved in real estate transactions
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References
Jamal Bouchenafa, "The Month of Real Estate Transactions in Algerian Legislation," Al-Khaldounia Publishing and Distribution House, Algeria, 2006 edition.
Samah Weriti, Master's Thesis, "Land Surveying and Its Legal Issues in Algeria," Tebessa, 2006, p. 56.
Mouna Temouh, Master's Thesis, "The Legal System of Real Estate Preservation in Algerian Legislation," University of Algiers, p. 75.
Asmahan Mezouach, Master's Thesis: "The Algerian Experience in Real Estate Registration," Ben Aknoun, Algeria, 2005-2006, p. 26.
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Reem Marahi, "Previously cited reference," pp. 128-129.
Reem Marahi, "Previously cited reference," pp. 129-130.
Amar Boudeyaf, "Judicial Jurisdiction in the Cancellation of Real Estate Records," article in the First Study Day on Real Estate Judiciary and Real Estate Disputes, April 27, 2004, Souk Ahras, pp. 13-14.
Amar Boudeyaf, "Previously cited reference," p. 14.
Amar Boudeyaf, "Previously cited reference," p. 15.
Reem Marahi, "Previously cited reference," p. 134.
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Reem Marahi, "Previously cited reference," p. 92.
Refer to the Ministerial Decision dated 27/05/1976 concerning the real estate register.
Article 46 of Decree No. 76/63 related to the establishment of the real estate registry, previously cited reference.
Article 47, same reference.
Articles 52 and 53 of Decree No. 76/63 related to the establishment of the real estate registry.
Professor Majid Khalafoni, "Previously cited reference," p. 15.
Hamdi Bacha Omar and Zerzagui Leila, "Real Estate Disputes, New Edition in Light of the Latest Amendments and the Most Recent Judgments," Houma Publishing and Distribution House, Algeria, 13th edition, p. 52.
Al-Atroos Bashir, "Real Estate Registration in Algerian Law," Journal of Judicial Jurisprudence of the Real Estate Chamber, Documentation Section, Supreme Court, University Press Office, Ben Aknoun, Algeria, 2004, p. 21.
Smaïni Hajar, "Disputes Over the Real Estate Register in the Private Property System in Algerian Legislation," Doctoral Thesis, Faculty of Law and Political Science, University of Sidi Bel Abbès, 2019/2020, p. 120.
Ramoul Khaled, "Previously cited reference," p. 119.
Smaïni Hajar, "Previously cited reference," p. 121.
Dr. Filali Ali, "Real Estate Registration in Light of Algerian Judiciary," article published in Algerian Journal of Legal, Economic, and Political Sciences, Issue 02, Year 2000, pp. 127-129.
Majid Khalafoni, "Previously cited reference," p. 15.
Supreme Court, Real Estate Chamber, Decision No. 197920 dated 28/06/2001, Judicial Journal, Issue 01, 2001, p. 249.
Article 19 of Ordinance 75/74 mentioned earlier states that "All rights existing on a property at the time of registration are recorded in the real estate register and in the book that constitutes the title deed."
Majid Khalafoni, "Previously cited reference," p. 15.
Same reference, p. 15.
Mohamedi Slimane, "Contract Enforceability," Doctoral Thesis in Law, Faculty of Law, Ben Aknoun, University of Algiers, 2004, p. 185.
Article 86 of Decree 76/63 mentioned earlier states that "The rescission, annulment, cancellation, or revocation of real property rights, when having retroactive effect, cannot be invoked against a specific successor of the rightful owner unless the condition under which the rescission, annulment, cancellation, or revocation occurred was previously registered, or if the rescission, annulment, cancellation, or revocation occurred by law, in accordance with the law."
Mohamedi Slimane, "Previously cited reference," p. 193.
Naima Haji, "Previously cited reference," p. 122.
Decision No. 108200, "Previously cited reference," p. 80.
Zerouki Leila and Hamdi Bacha Omar, "Previously cited reference," pp. 48-51.
The Algerian legislator has recognized the validity of unregistered documents, specifically those with a fixed date prior to 1971, through Article 89 of the previously mentioned Decree No. 76/63, as amended and supplemented by Executive Decree No. 93/123. The article states: "The rule listed in the first paragraph of Article 88 above is excepted."
Article 24 of the aforementioned Ordinance 75/74 states: "The decisions of the real estate registrar are subject to appeal before the competent judicial authorities.