مجلة البحوث القانونية و الاقتصادية
Volume 9, Numéro 2, Pages 454-465
2026-05-16
The Role Of The Judge In Establishing Private Real Estate Ownership Under Algerian Law
Authors : Saidi Salah .
Abstract
This research paper highlights the pivotal role of the judge in establishing private real estate ownership within the Algerian legal system. The judge is bound by rules of public order that govern the creation, protection, and transfer of this right. He does not enjoy absolute freedom in evaluating evidence but is instead constrained by specific legal procedures aimed at balancing the protection of property with the safeguarding of rights. This framework has contributed to stabilizing judicial interpretations after a period of hesitation and inconsistency. The judge's role is particularly evident in weighing the evidence presented before him, as he must adhere strictly to the binding legal texts that govern the proof of private property ownership, without exceeding their limits. Algerian legislation lays down clear rules that prevent unrestricted judicial discretion, thereby reinforcing trust in judicial decisions and emphasizing the importance of legal adherence in ensuring the rights of all parties involved in real estate matters.
Keywords
judge, private real estate ownership, proof
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