The Legal Character of the Common Real Estate Property in the Algerian Legislation

Abstract

Our research study investigates the legal character of the common real estate property and the extent to which is considered a property right similar to the discrete property in which the property takes the form of a single share owned by one person and is composed of three elements: disposal, exploitation and use.

   There had been a disagreement in jurisprudence in determining the nature of the common partner’s right due to the specificity of this right and the constrains contained therein for the benefit of the other owners.

While one group considers it as a personal right, another group claims to be a right-in-kind. However, the prevailing opinion states that it’s a right-in-kind of a special nature.