مجلة البحوث القانونية و الاقتصادية
Volume 8, Numéro 3, Pages 212-243
2025-09-20
The Forced Sale Of Real Estate In Light Of The Provisions Of The Civil And Administrative Procedures Law
Authors : Bentayeb Djillali . Ben Aïchouche Omar .
Abstract
This study aims to examine the procedures governing the forced sale of real estate under the provisions of the Civil and Administrative Procedure Code, as it is established that the enforcement of executory instruments under civil law may occur either voluntarily through the debtor’s consent, or forcibly through the intervention of public authority to compel the debtor’s compliance; consequently, the forced execution process necessitates the involvement of multiple parties—including the attaching creditor, the debtor whose property is attached, third parties, and enforcement agents such as the court president and the judicial officer—prompting the Algerian legislator to establish sound procedures for real estate attachment, particularly concerning the preliminary measures for selling the attached property, as well as the conditions stipulated during the objections hearing for such sales and the practical challenges evidenced in implementation.
Keywords
Real estate sale, Public auction, Adjudication of auction award, Re-sale of real estate.
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