إكتساب الملكية العقارية بالتقادم في القانون الجزائري

Abstract

This dissertation addresses the issue of acquiring real estate ownership through prescription in Algerian law, considering it one of the main means of acquiring ownership outside contractual and registration frameworks. It focuses on possession as a fundamental element in this system. The study adopts an analytical approach by examining the theoretical framework of acquisitive prescription and its conditions, particularly possession and its duration, as well as the procedural aspect related to proof, land survey, and the role of the judiciary. The dissertation concludes that acquisitive prescription contributes to the stability of real estate transactions and balances the protection of rights with practical reality. It also highlights the importance of combining administrative and judicial means to establish ownership and the role of registration as a mechanism to reinforce the authority of judicial rulings. Keywords: acquisitive prescription, possession, land registration, cadastral survey