النظام القانوني لاستغلال العقار الفلاحي في الجزائر

Abstract

After the failure of the Agriculture Investees Law No. 87-19 dated on December 8, 1987 for advancing agricultural the general sector, the legislator has replaced it by the law of agricultural concession No. 10-03 dated on 05- 08-2010. It was expected that the new law closes the gates of the old law -concealedthat was claiming the lack of acceptance of its rules among the farmers producers, for it imposed work in a frame of a collective order of the peasant producers, which contrasts with the mentality of the Algerian farmers who prefers to work in the an individual form. Also the farmers found difficulty to get loans to guarantee the right of the constant benefit because the banks recognize only the right of possession as an insurance for the repayment ... etc. Although; the new law even it has given the investor the right to exit from the collectivity and the formation of his individual invest, however; it has restricted this right with the consent of the National Office for Agricultural Lands, and not to violate the regulations of the Decree No. 97-490 dated on 20/12/1997 on the one hand linked to the split of the agricultural lands and on another hand, it admitted a controversial principle which is the gathering the investments of agricultural that basically aim to the deletion of the division of the agricultural lands and there in dispersion. If the characteristics of the right of permanent benefit were not sufficient to convince the banks to grant loans to the beneficiaries; then how the right of excellence persuade it when it knew that it became really temporary (40 years old) and the administration could delete the contract unilaterally and without referring to justice, whenever the investor mislead with his of legal obligations. Despite; that the universal economic conditions imposed the opening of all sectors on the investment and among them the agricultural sector with the sponsorship of the foreign companies in view of the experiences of some countries leadership in this field, except that the legislator insists on the requirement of the Algerian nationality for all who wish to sign a partnership with the invested farm.