الرهن الحيازي العقاري في التشريع الجزائري.

Abstract

The Algerian legislator organized the mortgage in three articles under the title mortgage in articles 966 to 968 of the Algerian civil code, which are subject to the general provisions of the possessory pledge on the hand and in some of its provisions to the official pledge. The subject of the mortgage is of great importance as one of the most important means of credit, for economic and social life, as it is an important means of providing and investing capital and completing projects, and its important role for both parties to the contract ,as it providing in-kind security. one of its properties is that it retains ownership until the debt is fulfilled, and the creditor grants it the right of progress that makes it advance over ordinary creditors and its next creditors, and the right to follow, as this right remains burdened with the in-kind insurance of hand that money is transferred to, in addition to giving him an important advantage, which is the transfer of possession of the encumbered property to the creditor or to an agreed foreign person, as he has the right to be imprisoned until his right is fully fulfilled, and if the debtor does not fulfill the debt in legal terms, the creditor law grants the right to execute and sell the encumbered property. For the execution of the encumbered property, the lawmaker specified the condition and procedures for the sale of sale of property in public auction in the civil and administrative procedures act, as in articles 721 to 765, and the creditor was from owning or selling the encumbered property without due process when the not recovered. By executing the mortgage, and selling it in public auction, the creditor will be paid the price of the auction, thereby extinguishing the mortgage, but it will also expire as a dependency, I e depending on the termination of the secured debt, or as a parent, that is, independent of the secured debt that is lost after the mortgage expires.