الدفتر العقاري كآلية لإثبات الملكية العقارية الخاصة.

Abstract

The Algerian law has considerers the land register as a powerful title to prove the ownership of real estate in the registered areas, according to the article 19 of the Executive Decree 76/63 issued on 25/3/1976 on the creation of the land register. This document is made in the land registry by this department’s curator, and should be in conformity with the model specified by the decision of the Minister of Finance. The theme of the land register as a mechanism to establish ownership of real estate raises many questions among which those with regard to the identification of its nature and the procedures to follow order to get it, and others with regard to the identification of their litigation. We have divided the study in to two sections. We have devoted the first chapter to the identification of the land register and the second chapter to the procedures of getting it As for the second section, we have sacrificed to study of the land register litigation. In the first chapter of this section we have spoken about the litigations prior to preparation of the land register, and in the second chapter we have spoken to those which may arise after its establishment. The study has revealed to us that the land registry curator delivers the land register to the registered land owner after the completion of the procedures of its establishment on the basis of the cadastre documents, where the property is finally or temporary numbered, to prepare afterwards the land card and the land register. This study has also showed us the disputes that could arise during the preparation of the land register as the refusal of the deposit, the procedure the numbering, or the disputes arising after the delivery of the register to the owner as the opposition to its annulment by others. Despite the importance of the land register as a proof of ownership, we have noticed that the Algerian law has downplayed the importance of its evidentiary power as it has went away from the general rules stated in the publicity in kind by considering the land register as a relative proof that can be judicially opposed, in addition to the existence of some defects that can affect it and reduce its effectiveness as a proof. For these reasons, so we have concluded the subject of land register as a mechanism to demonstrate real estate with stating a number of observations.