الخلاصة:
The conflicts exposed to justice concern essentially the estate
property in addition to the indivisible estate property. This is due to
the important number of this type of property in Algéria generated
by the factor of heritage which constitues the main cause of the
origin of divergences. This is one of the major reasons that pushed
us to select this topic for our researche. We have, then, adopted a
descriptive and deducative approachover texts, in addition to our
legal activity based on jurisprudence.
To treat the statment of the problem related to the judgment of
managing an indivisible estate property by a partner or by the
majority of them or by their totality, we have established an outline
which consists of two chapters. The first deal with a research about
managing an indivisible estate property by a partner alone showing
at the same time the impact generated on the right of all other
partners or on that of the manager. The second chapter deals with
the management of the indivisible estate property by partners
gathered, or by a great majority of them with a glimpse on the
consequences of this impact on the right of the minority or on that
of the manager.
We have completed our researche with a conclusion that
includes the principale results and suggestions summarised as
fo
llows :
1- The imprecise definition of the real reasons on which the
majority of partners in divergence rely on forbids this majority
infringe on the right of the minority.
2- The ambiguity of the legal texts that rule the management of a
popular property in general, and the indivisible estate property
in particular, has made the decisions of justice in this contexte
not in order with the legal texts that applied.
3- The necessary interference of the legislator for the reorganisation and the definition of the legal texts related to the
indivisible estate property in conformity whith the concrete
problems exposed in this matter.
