السیاسة الجزائریة المنتھجة في مجال ضبط المعاملات العقاریة

Abstract

Since the real estate is deemed as the basis of development in any country, Algeria undertook to create an integral real estate system which is subject to continuous updating in order to ensure stability for the owners and holders of properties and real estate rights in rem. The Algerian legislator endeavored to find out the appropriate legal means to get rid of the very complicated situation left from the colonization period. After the independence, the private property was marginalized and restrictions were imposed on the transactions favoring the public property, however after the constitution of 1989 a radical change occurred in the real estate policy adopted for the regulation of the real estate transactions, and the official contract and land registry system are now used as tools for real estate regulation in the context of releasing the real estate transactions. Furthermore, mechanisms are established for the purpose of achieving this policy, namely the national agency of lands survey, and the land registry as a tool for real estate preservation, etc. However, the fragility of the real estate organization and the modest outcomes of the land survey operations motivated the legislator to seek faster and more efficient mechanisms ensuring that deedless owners and holders in non-surveyed areas will receive ownership deeds providing them with protection and the ability to dispose legally in their real estate properties, therefore the legislator instituted the notarial deed by virtue of the decree No. 352-83, he also instituted the possession certificate as an official deed granting the beneficiaries a means for future acquisition, as stipulated in article 39 from the real estate orientation law. However the limited ability of the notarial deed and possession certificate to purge the private real estate property motivated the legislator to enact law No. 02-07 pertaining with the establishment of a procedure for inspecting the real estate rights and handing-over property deeds by making a real estate investigation, this will reduce the deadlines of the general lands survey, however this law cannot be relied upon unilaterally since it is done as an option only, and it must concur with a clear policy for its implementation ensuring the completion of the general land survey operation, as well as the implementation of all mechanisms set for the concretization of the real estate policy adopted for the regulation of the real estate transactions.