السنة الاولى ماستر عقاري - مصطلحات قانونية ( لغة انجليزية )
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Announce 01
إعلان مهم
Dear Students, You are informed that tomorrow's class(29/10/2024) will be conducted at 12:30pm on JITSI.
Dr.Bedj Bedj Toufik
نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جس تي بداية من الساعة الثانية عشرة والنصف 12:30
د. بج بج توفيق -
إعلان مهم
Dear Students, You are informed that tomorrow's class(05/11/2024) will be conducted at 12:30pm on google meet.
Dr.Bedj Bedj Toufik
نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية عشرة والنصف 12:30
د. بج بج توفيق -
إعلان مهم
Dear Students, You are informed that tomorrow's class( 12/11/2024) will be conducted at 12:30pm on google meet.
Dr.Bedj Bedj Toufik
نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية عشرة والنصف 12:30
د. بج بج توفيق -
إعلان مهم
Dear Students, You are informed that tomorrow's class( 19/11/2024) will be conducted at 12:30pm on google meet.
Dr.Bedj Bedj Toufik
نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية عشرة والنصف 12:30
د. بج بج توفيقhttps://meet.google.com/cij-vvzz-mpv
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إعلان مهم
Dear Students, You are informed that tomorrow's class( 03/12/2024) will be conducted at 12:30pm on google meet.
Dr.Bedj Bedj Toufik
نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية عشرة والنصف 12:30
د. بج بج توفيقhttps://meet.google.com/qat-qmah-dvy
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Introduction
Algeria's real estate laws are shaped by a complex legal framework that governs the acquisition, transfer, and management of property within the country. Understanding these laws is essential for both local and foreign investors looking to navigate the Algerian real estate market.
Legal Framework
The Algerian Civil Code serves as the foundation for property law in Algeria, outlining the principles of ownership, transfer, and rights associated with real estate. In addition to the Civil Code, specific laws and decrees address various aspects of land use, urban planning, and property development.
Types of Property Ownership
Property ownership in Algeria is categorized primarily into two types:
- Private Property: This includes residential, commercial, and industrial lands owned by individuals or private entities. Owners have rights to use, enjoy, and dispose of their properties within legal limits.
- Public Property: Owned by the state or public entities, this category includes government buildings and public infrastructure. Public property is dedicated to public use and cannot be privately owned.
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The process for acquiring and transferring property involves several critical steps:
- Title Deed: The title deed serves as the primary document proving ownership and must be registered at the local land registry to be legally recognized.
- Pre-Sale Agreement: Parties often sign a pre-sale agreement outlining terms before finalizing the sale.
- Notarization: The sale contract must be notarized by a public notary to finalize the transaction.
- Registration and Taxation: New ownership must be registered with relevant authorities, along with payment of applicable taxes and fees. However, a aspect of Algeria's real estate law is the registration process for property transactions. According to Order 76/105, any real estate sale contract must be executed before a notary who then registers it with the Stamp and Registration Service. This registration is crucial for ensuring legal recognition of ownership transfer and protecting against disputes
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Algeria Land Use
Algeria Land Area data was reported at 2,381,741.000 sq km in 2022. This stayed constant from the previous number of 2,381,741.000 sq km for 2021. Algeria Land Use: Land Area data is updated yearly, averaging 2,381,740.000 sq km from Dec 1961 (Median) to 2022, with 62 observations. The data is categorized under Global Database’s Algeria .
2. Zoning Regulations
Algeria has strict land use and zoning regulations to manage urban development and land conservation:
1. **Urban Planning**: The state regulates urban planning through detailed master plans outlining permissible land usage, zoning, and development guidelines.
2. **Agricultural Land**: Specific laws govern the use of agricultural land to ensure food security and sustainable farming practices.
3. **Environmental Protection**: Algeria’s laws also emphasize the protection of natural landscapes and resources, imposing restrictions on activities that could harm the environment.
3.law, No. 23-17law, No. 23-17, applies to economic land in the State-owned private property, consisting of:
- developed land in industrial areas and business areas,
- developed land within the perimeter of new cities,
-developed land in expansion areas and tourist sites,
-developed land in technology parks,
-residual real estate assets of dissolved public enterprises,
-surplus real estate assets of economic public enterprises,
-land for commercial real estate development,
-other land are in the State-owned private property.
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1.Definition of Agricultural Real Estates
The Algerian legislator defined agricultural estate under the provisions of Law No. 90/25 of November 18 th, 1990, which includes the Real Estate Orientation Law, as follows: “Agricultural or agricultural estate, in the concept of this law, is all estate produced by human intervention annually or during several years of production.” It is consumed by humans or animals, or consumed in industry, directly or after its transformation” according to its Article 04 .
2.Characteristics of Agricultural Real Estatesa. Productive estates, as non-productive estates are not considered peasant estates, rather they must be produced through human intervention through plowingb. production is annually or over several years, as the production may be (cyclical) such as the production of grains and legumes, or during several years, such as fruit trees c. has an economic role represented in satisfying the needs of humans and animals3.Types of Agricultural Real EstatesThe Algerian legislator distinguished, within the framework of the Real Estate Orientation Law, between two types of agricultural estate classifications, the first of which is the topographical classification, and the second is the legal classification.
a. topographical classification: agricultural estates that tend to the science of agricultural economics, which explains the legal relationship that comprises the agricultural property, which is soil, climate, slope, and the ability of the soil to be irrigated
- Very fertile and fertile agricultural estates: the legislator defined as estates with high productive capacity, which are characterized by depth and good soils that are irrigated or capable of being irrigated, according to Article 06 of Law No. 90-25 of November 18 th,1990.- Agricultural estates of medium or low fertility : irrigated agricultural estates that contain medium obstacles in topography and depth, and non-irrigated estates of medium depth and the rate of rainfall in them is variable, and does not contain topographic obstaclesb .The legal classification:-Agricultural estates belonging to the national property: Agricultural estates are classified as private state property in accordance with Article 18 - Clause 11- of Law No. 90/30 of December 1st,/1990 containing the National Property Law. Law No. 10/03 of August 15 th, 2010, which defines the conditions and modalities for the exploitation of agricultural estates belonging to the private property of the state, by establishing concession as a mode of exploitation-Private agricultural estates the Algerian legislator made the exploitation of private agricultural estate a legal duty for every owner of it, and set penalties for violating this obligation-Endowment agricultural estates Article 31 of Law No. 90/25 aforementioned, it is defined as: “Waqf property is real estate property that its owner confiscated of his own free will to make enjoyment of it permanent for a charitable organization or association with a public benefit, whether this enjoyment is immediate or upon the death of the mediator trustees who appointed by the aforementioned owner. -
1.Definition of Industrial Real Estates
Industrial real estate can be generally defined as: the use of land and everything contact it with a connection of resolution and stability, including the machinery, equipment, devices and raw materials allocated for its service with the aim of producing goods by transforming raw materials or using semi-manufactured materials.
2.Classifications of Industrial Real EstatesIndustrial real estate is divided into three categories; (1) industrial real estate in developed and/or private areas, (2) economic institution real estate portfolio, and (3) real estate portfolio destined for industrial investment in free zones and areas of integrated industrial
(1) industrial Areas: Industrial zones are areas characterized by preparation and construction instruments that are allocated to receive national or private economic operations. the decision to construct industrial zones was subject to the recommendation of the Advisory Committee for the Development of Industrial Zones, which is chaired by the Minister of Public Works and Building was established by Decree No. 73/45 on February 28, 1973. To encourage investment, the National Investment Council voted to accept a proposal to build industrial zones in Decision No. 02 of March 6, 2011, therefore Resolution No. 13 of April 19, 2011 supporting the previous decision to establish another 36 industrial zones. According to claims, the number has risen to 42 industrial zones spread across the entire national field. According to Decree 122/07, its supervision is one of the responsibilities of the National Agency for Mediation and Real Estate Control
(2) Real Estate Assets of Public Economic and Local Institutions: The institution’s real estate assets are the funds that it has amassed throughout the course of its existence. The term assets is typically discussed using accounting data since it represents the positive side of the institution’s budget, and it is divided into two parts:
o Real estate, buildings, machinery, and equipment reflect fixed uses.o Variable uses, such as the firm’s product, money ready for use and operation, and liquid funds in the fund and bank balances of the enterprise(3) Real Estate Assets that Form A Homogeneous Unit With the Activity of the Enterprise: These real estate assets were related to privatization because Order 01/01, as revised and supplemented, was issued addressing the organization of economic public enterprises, cancelling the provisions of order 25/95 that regulated the notion of privatization. It entails the entire or partial transfer of an institution’s financial patrimony, including real estate and stocks, to the private sector via the assignment of shares representing the shareholders’ portion. Furthermore, many of the privatization assignments failed due to a lack of ownership contracts. The majority of them are real estate assets, agricultural areas, and assets of light industrial businesses that have been nationalized and given the status of unoccupied property without being legally purified.
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