THE AUTHORITY OF THE CUSTOMARY DOCUMENTS IN EVIDENCING THE ESTATE PROPERTY: BETWEEN THE RECOGNITION AND DENIAL
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Abstract
Theestate property stability and evidencing methods need a clear estate law that determines the various legal positions and creates trust for the owner. This bring about vagueness about the authority of the customary documents as evidences of property, mainly after they had been recognized in specific periods and denied in others. Thus, we shall shed light on their authority before and after 01 January 1971.
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References
. Books:
Jamel Nejimi, the crimes of falsification in the Algerian penal law, Houma house, Algeria, 2013, p. 292.
HamdiBacha Omar, the protection of the private estate property, Vol. 07, Houma house, Algeria, 2009, pp. 20-21.
HamdiBacha Omar, the transfer of the estate property, Houma house, Algeria, 2013, p. 169.
Abd al Hafidh Ben Abida, evidencing the estate property and the estate rights in rem in the Algerian law, Vol. 07, Houma house, Algeria, 2011, p. 77.
Abd al Razzak al Sanhouri, the median in explaining the new civil law, Vol. 02, the theory of commitment in general, evidencing- the effects of commitment, Vol. 03, legal publications of al Halabi, Lebanon, 2009, p. 199.
Abd al Aziz Saad, the crimes of falsification, dishonesty, and use of forged documents, Vol. 06, Houma house for publication, Algeria, 2013, p. 52.
Omar Alloui, the property and the estate system in Algeria (the estate), Vol. 07, Houma house, Algeria, 2013, p. 146.
Laila Zerrouki& Omar HamdiBacha, the estate disputes, Houma house, Algeria, 2015, p. 243.
Majid Khalfouni, registry of the estate behaviors in the Algerian law, Vol. 01, Houma house, Algeria, 2018, pp. 40-41.
Mohamed SobhiNedjm, explaining the penal law (private section), Vol. 06, university publications office, Algeria, 205, p. 31.
NacerEddineSaaidouni, studies in the estate property, the national institution for the books, Algeria, 1986, p. 57.
Theses
PhD theses:
ImadEddineRehaimia, the legal tools to evidence the private estate property in the Algerian law, PhD thesis, Faculty of Laws, University of MouloudMaameri, TiziOuzou, Algiers, 2014.
Mohamed Laachache, the legal protection of the private property in Algeria, PhD thesis in Laws, University of MouloudMaameri, TiziOuzou, 2016, p. 257.
Magister theses:
Iyed Mohamed Aref Ata Sadah, the authority of the electronic documents in evidencing (comparative study), Magister thesis in the private law, Faculty of the Higher Studies, National University of the Success in Naples, Palestine, 2009 p. 60.
BrahmiSamia, evidencing the private owned estate sale in the Algerian law, Magister thesis in the private law, Faculty of Laws, University of Mentouri, Constantine, 2008, pp. 14-15.
Abd al Karim Haddar, the principle of evidence by writing in the light of the electronic documents, Magister thesis in the private law, University of Algiers 01, 2014, p. 32.
Moussouni Abd al Razzak, the protection of the estate property right in the Algerian law, Magister thesis, Faculty of Laws, University of AbiBakrBelKadi, Telemcen, 2008, p. 56.
Papers:
Ahmed Mohamed Saleh, the scientific problematic of falsification in the Egyptian judicial system, journal of law and business, Vol. 08, August 2016, p. 150.
SaoussenBousbiaat, the efficiency of the customary contracts with fixed date in cleaning the estate property in Algeria, journal of the human sciences, No° 43, June 2015, p. 214.
Laws:
Legislative texts:
Order 70/91 of 15 December 1970 that came into force on 01 January 1971, on the notary law.
Law 83-03 of 25/06/1983 on the Supplementary Financial Law of 1983, official gazette 11 of 25/06/1983.
Law 88-14 of 03/05/1988 complements and supplements Order 75-58 of 26 September 1975 on the civil law, official gazette 18 of 04 May, p. 749.
Law 90/25 of 08/11/1990 on the law of the estate orientation, complemented and supplemented by Order 95-26 of 25 September 1995, official gazette 49 of 18 November 1990.
Law 05/10 of 20 June 2005 supplements and complements Order 75/58 of 26 September 1975, official gazette No° 44, p. 24.
Law 06-23 of 20/12/2006 supplements and complements Order 66/156 of 08/06/1966, official gazette 84 of 24/12/2006, p. 21.
Law 09-08 of 25 February 2005 on thee administrative and civil procedures, official gazette 21 of 23 April 2008, p. 16.
Organizational texts:
Decree 76/63 supplemented and complemented on 25/03/1976 on the estate register, official gazette No° 30 of 13 April 1976, p. 508.
Decree 80/210 of 13/05/1980 that supplements and complements Decree 76/63 on the establishment of the estate register, official gazette 38 of 15/05/1980, p. 1378.
Judicial decisions:
The decision of the civil chamber 33054 of 06/02/1985, the judicial journal of 1992, No° 04, p. 16.
Decision 85535 of 27/05/1992, the judicial journal of 1994, No° 03, p. 14.
Decision 108108 of 05/05/1995, unpublished.
Decision 136156 of 18/02/1997, the judicial journal, No° 01, 1997, p. 10.
The decision of the estate chamber 197347 of 28/06/2000, journal of the judicial jurisprudence, 2004, special issue, Vol. 02, p. 258.
Decision of the penal chamber 559251 of 22/10/2008, journal of the supreme court, 2008, No° 02, p. 373.
Decision 483177 of 20/05/2009, journal of the supreme court, No° 1, 2009, p. 154.
Websites:
The writing manual in evidencing, URL: http://www.droit-dz.com/forum/threads/3544/
Fellah Soufiane, the practical issues in transferring the estate property, URL: https://www.asjp.cerist.dz/en/downArticle/141/2/1/6801