ADMINISTRATIVE AND JUDICIAL SUPERVISION OF THE REAL ESTATE INVESTIGATION PROCESS IN THE ALGERIAN LEGISLATION
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Abstract
This article aims to study the practical aspect of the Law No. 07-02 of 02/27/2007, which includes establishing a procedure to ascertain the right of ownership and delivery of title deeds through the real estate investigation. This can occur in the administrative side through examining the legal conditions necessary for its application; as well as the procedures followed until the title deeds are delivered, or in the judicial sense, through the treatment of disputes arising from the application of this law, especially in terms of determining the types of lawsuits filed and the judicial authority competent to tackle these lawsuits.
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References
Decree No. 83-352 of 05/21/1983, which enacts the procedure for proving the statute of limitations and preparing a notarial contract that includes admition of ownership, Official journal, No. 21 of 1983.
Decree No. 91-254 of 07/27/1991, which specifies the procedures for preparing and delivering the possession certificate, Official journal, No. 36 of 1991.
Law No. 07-02 of 02/27/2007, which establishes a procedure for inspecting real estate ownership rights and submitting title deeds through a real estate investigation. Official journal ,No. 15 of 2007.
Instruction No. 03, which is dated on September 27, 2008 issued by the General Directorate of National Property, regarding the conduct of real estate investigation operations, inspection of real estate ownership rights, and delivery of title deeds, p. 02.
Omar Muhammad Murshid Al-Shoubaki, Principles of Control over the Administrative Works and Their Applications in Jordan, Arab Organization for Administrative Sciences, Amman, 1981, p. 55.
Madjed Ragheb Al-Helou, Administrative Judiciary, Mansha’et Al-Maaref, Alexandria, 2000, p. 58.
Executive Decree No. 08-147 of 05/19/2008 regarding real estate investigation operations and the delivery of title deeds, Official journal, No. 26 of 2008.
M’hammadi Farida (Zwawi), Possession and Prescription Gain, Office of University publications, Algeria, 2000, p. 12-22.
These data and documents are represented in the following: - The name, surname, father’s name, date and place of birth, nationality, profession, and address of the applicant - The capacity in which the applicant acts as either a holder or joint owner - All positive or negative burdens and easements that may burden the property under investigation, according to the applicant - A topographic plan of the property, accompanied by a descriptive card prepared by a real estate expert at the expense of the applicant, which shows the physical nature of the property, its area and value, as well as the names of the neighbouring occupants - every document that would allow the applicant to prove his right to it.
Article 08 of the Executive Decree No. 08-147 , Op.cit.
Art. 07 of the Law No. 07-02, Op.cit.
Art. 05 and 06 of the Executive Decree No. 08-147, Op.cit.
Art. 09 , Ibid.
Art. 10 and 11, Ibid.
Art. 13, Ibid.
Art. 14 of the Law 07-02 , Op.cit.
Art. 15 , Ibid.
Art. 21 of the Executive Decree No. 08-147 , Op.cit.
Art. 17 of the Law 07-02 , Op.cit.
Art. 12 , Ibid.
Art. 17 of the Executive Decree No. 08-147 , Op.cit.
Art. 18 , Ibid.
Art. 17 of the Law 07-02 , Op.cit.
Art. 801 of the Law 08-09 of 02/25/2008 relating to the Civil and Administrative Procedures Law, Official journal, No. 21 of 2008.
Art. 21 of the Executive Decree No.08-147, Op.cit.