The Legal Nature of the Certificate of Possession Established under Article 39 of the Real Estate Guidance Law.

Abstract

Considering the legal status of private property ownership after independence, most properties lack documentation and contracts. To address this issue, the Algerian legislator introduced the Certificate of Possession under Article 39 of Law No. 90-25 on real estate guidance, as amended and supplemented. This allows individuals who possess real estate without a written contract or land survey to obtain a Certificate of Possession, provided they meet certain conditions. This certificate is issued by the mayor of the municipality in which the property is located. The Certificate of Possession also encourages and promotes agricultural investment, as the Algerian legislator has granted the possessor the right to obtain building and demolition permits, as well as bank loans.