Procedures for Implementing Real Estate Seizure in Algerian Legislation: Preliminary Stage Prior to Sale of Property

Authors : Said Gurraiche

Pages : 791-803

Doi:10.5281/zenodo.18098278

View : 16 | Download : 108

Publication Date : 2025-12-26

Article Type : Review Paper

Abstract :This study examines real estate seizure as a means of compulsory enforcement that allows creditors to subject a debtor’s immovable property, or property encumbered by subordinate rights, to judicial sale and satisfy their claims from the auction proceeds. It argues that the Algerian legislator has deliberately maintained a highly formal approach to real estate procedures, particularly by imposing a set of mandatory preliminary steps prior to sale, strictly regulated by the Civil and Administrative Procedure Code. The article focuses on the drafting, filing, and notification of the list of sale conditions as the core preparatory mechanism structuring the transition from seizure to public auction. It also analyses the ancillary claim of ownership as the principal instrument for resolving incidental disputes that may arise during enforcement, and assesses how this mechanism balances effective debt recovery with the protection of debtor and third-party property rights. The research adopts a doctrinal legal methodology.
Keywords : Taşınmaz haczi, Zorla icra, Cezayir Medeni ve İdari Usul Kanunu, Satış şartları listesi, İstihkak davası.

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