إثبات بيع العقار المملوك ملكية خاصة في القانون الجزائري

Abstract

The subject of this thesis is the proof of the sale of real estate of which are owner particulary natural persons and moral persons of private law, and this mainly in the Algerian law. I treated the subject of the proof of the sale of the real estate in the Algerian notarial law under ordnance number 70-91 of the 15/12/1971 which was coming into effect the 01/01/1971 as well as the Algerian civil law; which made the sale of real estate a contract has character formal as' it is necessary to be proved by an authentic act received by a public servant, a member of the legal profession or an invested person of a public office, hardly of absolute nullity. In the same way I treated the subject in the French civil law as au applicable law in Algerian ; the Algerian notarial law not being then in force; the French civil law considered the sale of real estate a consensual contract which was formed on the basis of assent of the parts, and of which the proof could be established by informal agreement. The research considered during the time to coming into effect of the algerian notarial law and the period which follows immediately, implied the division of works into two chapter, the first as devoted to the proof of the sale of real estate before the date of the coming into effect of the notarial law , governed consequently to the provisions of the French civil law which allowed the proof by way of informal agreement, is subdivided in two sections or are respectively studied the conditions of validity of the informal agreement of the sale of real estate and the sanction attached to its non-observance, and the opposability of the known as act parallel to its alternatives as for the relationship between the salesman and the purchaser, and third party ; the second chapter as devoted to the proof of the sale of real estate subsequently to the date of coming into effect of the notarial law , which is established by the provisions of this last and the Algerian civil law which subject to the authentic acte to which these two sections are retained to be respectively examined the conditions of validity of the authentic act relative with the sale of real estate and the sanction of its nonobservance, and the opposability of the authentic act like these alternatives as well between the salesman and the purchaser ,and third .