REAL ESTATE INVESTIGATION AS A LEGAL MECHANISM TO CLEANSE REAL ESTATE PROPERTY IN ALGERIA
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Abstract
The Algerian legislator sought to purify real estate ownership by issuing Law No. 07/02 of 27/02/2007 establishing a procedure for examining the right of real estate ownership and handing over title deeds through real estate investigation, and the implementing text of Executive Decree No. 08/147 of May 19, 2008.
It stipulates that every holder of unsurveyed and non-state-owned property has the right to initiate a request to open a real estate investigation before the competent administrative authority in order to receive the title deed, which results in either the holder benefiting from the title deed, or not benefiting from a reasoned decision that can be challenged before the competent administrative judicial authorities.
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References
- Books:
- Abdelaziz Mahmoudi, Mechanisms of Purification of Property and Settlement of Private Real Estate Deeds in Algerian Legislation, 2nd Edition, Baghdadi Publications, 2010.
- Omar Hamdi Pasha, Mechanisms of Purification of Private Real Estate Property, Dar Houma for Printing and Publishing, 2013.
- Majid Khalfouni, Real Estate in Algerian Law, Dar Khaldounia, Algeria, 2012
- Theses:
- Chehenaz Ben Bouaicha, Real Estate Investigation in the Algerian Law System, PhD thesis, specializing in private law, Faculty of Law, University of Algiers 1 Ben Youssef Ben Khadda, 2017.
- Hazem Azzoui, Mechanisms of Purification of Private Real Estate Property in Algerian Law, Master's Thesis, Specialization in Real Estate Law, University of Hajj Lakhdar Batna, 2009.
- Articles:
- Badr Chnouf, Real Estate Investigation as an Alternative Mechanism to the Goodwill Contract to Prove Private Real Estate Ownership, Journal of Comparative Legal Studies, Vol. 8, No. 01, Hassiba Ben Bouali University Chlef, Algeria, 2022.
- Abdelaziz Mahmoudi, Real Estate Investigation as a Mechanism for the Delivery of Private Real Estate Titles, Journal of the Department of Legal and Political Research and Studies, Issue 6, Faculty of Law and Political Science, Mursali Abdullah Tipaza University Center, 2019.
- Alaeddine Aichi, Property Control through Real Estate Investigation: An Analytical Study of Law No. 07/02, Journal of Administration, Volume 17, Issue 2, Journal of the National School of Administration, Algeria, 2007.
- Imad Eddin Rahimia, Real Estate Investigation as a Procedure to Prove Private Real Estate Ownership, Al-Muthinker Magazine, Issue 9, Faculty of Law and Political Science, University of Biskra, 2013.
- Farid Baqa, Real Estate Investigation as a Mechanism for the Settlement of Real Estate Title Deeds in Algerian Law in accordance with Law No. 07/02 and its implementing decree, Al-Ma'aras Magazine, No. 11, Ahmed Ben Yahya Alouncheris Tsimsilt University Center Publications, Algeria, 2015.
- Legal texts:
- Law No. 07/02 of 27/02/2007 establishing a procedure for examining the right of ownership and handing over title deeds through real estate investigation, Official Gazette No. 15, dated 28/02/2007
- Order No. 75/74 of 12/11/1975 on the preparation of the general land survey and the establishment of the Land Registry, Official Gazette No. 92, dated 18/11/1975. - Executive Decree No. 08/147 of May 19, 2008 on real estate investigations and the delivery of title deeds, Official Gazette No. 26, dated May 25, 2008.
Marginalization:
- Law No. 07/02 of 27/02/2007 establishing a procedure for examining the right of ownership and handing over title deeds through real estate investigation, Official Gazette, No. 15, dated 28/02/2007
- Badr Chenouf, Real Estate Investigation as an Alternative Mechanism to the Goodwill Contract to Prove Private Real Estate Ownership, Journal of Comparative Legal Studies, Vol. 8, No. 01, Hassiba Ben Bouali University Chlef, Algeria, 2022, p. 753
- Alaa Eddine Aichi, Property Control through Real Estate Investigation: An Analytical Study of Law No. 07/02, Journal of Administration, Volume 17, No. 2, Journal of the National School of Administration, Algeria, 2007, p. 49
- Order No. 75/74 of 12/11/1975 on the preparation of the general land survey and the establishment of the Land Registry, Official Gazette, No. 92, dated 18/11/1975
- Omar Hamdi Pasha, Mechanisms for Purification of Private Real Estate, Dar Huma for Printing and Publishing, 2013, p. (135)
- Majid Khalfouni, Real Estate in Algerian Law, Dar Khaldounia, Algeria, 2012, p. (236)
- Farid Baqa, Real Estate Investigation as a Mechanism for Settling Real Estate Title Deeds in Algerian Law in accordance with Law No. 07/02 and its implementing decree, Al-Ma'dar Magazine, No. 11, University Center Publications Ahmed bin Yahya Aloncheris Tsimsilt, Algeria, 2015, p. 288
- Badr Chenouf, op. cit., p. 754
- Imad Eddin Rahimia, Real Estate Investigation as a Procedure for Proof of Private Real Estate Ownership, Al-Muthinker Magazine, No. 9, Faculty of Law and Political Science, University of Biskra, 2013, p. 106
- Farid Yaqa, previous reference, p. 288 - Badr Shnouf, previous reference, p. 755
- Emad Eddin Rahimiya, op. cit., p. 107
- Badr Shannouf, op. cit., p. 756
- Imad al-Din Rahimiyya, op. cit., pp. 107-108
- Badr Shanouf, op. cit., p. 756
- Farid Baqa, op. cit., p. 229
- Imad al-Din Rahimiya, op. cit., p. 108.
- Badr Shnouf, op. cit., p. 758
- Executive Decree No. 08/147 of 19 May 2008 on real estate investigations and the delivery of title deeds, Official Gazette, No. 26, dated 25 May 2008.
Omar Hamdi Pasha, op. cit., p. 149.
- See articles 7 and 8 of Executive Decree No. 08/147
- Ibid., p.55
- See articles 11 and 12 of Law No. 07/02 - Imad Eddine Rehaimieh, op. cit., p. 109
- See article 13 of Executive Decree No. 08/147.
- See Articles 11 and 12 of Law No. 07/02 and Articles 15 and 16 of Executive Decree No. 08/147
- Abdelaziz Mahmoudi, Real Estate Investigation as a Mechanism for the Delivery of Private Real Estate Titles, Journal of the Department of Legal and Political Research and Studies, No. 6, Faculty of Law and Political Science, Mursali Abdullah Tipaza University Center, 2019, p.18
- See Articles 6 and 7 of Law No. 07/02 - See Articles 5 and 6 of Decree No. 08/147 - Abdelaziz Mahmoudi, op. cit., p.18
- Badr Chenouf, op. cit., p. 759
- Ibid., p. 761
- See the text of Article 20 of Executive Decree No. 08/147
- Hazem Azzoui, Mechanisms for the Purification of Private Real Estate Property in Algerian Law, Master's Thesis, specialization in real estate law, University of Hajj Lakhdar Batna, 2009, pp. 111-112
- See Article 23 of Executive Decree No. 08/147
- Badr Chennouf, op. cit., p. 762 Farid Baqa, op. cit., p. 234
- Shahinaz Ben Bouaicha, Real Estate Investigation in the Algerian Law System, PhD thesis, specializing in private law, Faculty of Law, University of Algiers 1 Ben Youssef Ben Khadda, 2017, p. 160
- Ibid., p. 163
- See Articles 18-19 of Decree No. 08/147
- Abdelaziz Mahmoudi, Mechanisms for Purification of Property and Settlement of Private Real Property Deeds in Algerian Legislation, 2nd Edition, Baghdadi Publications, 2010, p. 286