التصرف في الملكیة العقاریة الشائعة

Abstract

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.