the role of notary in the embodiment of form as a mechanism for ensuring real estate behavior - comparative study

  • touria dich
Keywords: : form; official aspectregistrationproperty; security law; real estate.


Modern legislation pays great attention to property transactions considering the economic and the financial aspects of the real property as it is an important source of investment and development.

The Algerian legislator, like his Moroccan counterpart, is seeking to enact a set of laws to regulate different procedures related to real estate by creating new legal framework to ensure an official foundation. Meanwhile, it is important to approach and organize real registration to avoid any kind of litigation and restore trust and legalese crudity when it come to property transaction.


Baghashi Malika, Documentation Law, Official Documentary Procedures for the Sales Contract, Dar Al-Nouman, Algeria, 2012.

- Jamal Boushnaka, The Month of Real Estate Dispositions in Algerian Legislation, Dar Al-Khaldouniah, Algeria, 2009.

Wassila Wazzani, The Function of Documentation in the Algerian Legal System, An Analytical Legal Study, Dar Houma, Algeria 2009.

- Hussein Abdul Latif Hamdan, Provisions of Real Estate Registration, University House, Lebanon, 2007.

- Yahya Bakouch, Evidence of Proof in Algerian Civil Law and Islamic Jurisprudence, 2nd Edition, National Company for Publishing and Distribution, Algeria, 1998.

- Mahmoudi Abdel Aziz, the late Haj Ali Al-Saeed, procedures for activating legal possession as a mechanism for handing over property contracts in Algerian real estate law, Baghdadi publications, 1st edition, Algeria, 2012.

- Mahmoud Abdel-Rahman Mohamed, Al-Wajeez in Real Estate Registration and Documentation, Dar Al-Nahda Al-Arabia, Cairo, Egypt, 2006.

- Moawad Abdel-Tawab, The In-kind Record in Knowledge and Practice, Dar Al-Fikr Al-Arabi, Egypt, Dr. Sn.

- Muqni bin Ammar, Legal provisions related to the validity and invalidity of documentary documents, a study in Algerian law, Dar Houma, Algeria, 2014.

Khalafouni Majeed, The Real Estate Notarization System in Algerian Law, National Office for Educational Works, 1st Edition, Algeria, 2000.

- Ramoul Khaled, Real Estate Conservation as a Mechanism for Real Estate Preservation in Algerian Legislation, Qasr al-Kitab, Algeria, 2001.

- Sabri Al-Saadi, The Clear Explanation of Civil Law, Evidence in Civil and Commercial Matters, Dar Al-Huda for Printing, Publishing and Distribution, Algeria, 2009.

- Laila Zerrouki and Omar Hamdi Pasha, Real Estate Disputes, Dar Houma, Algeria, 2009.

- Omar Hamdi Pasha, Transfer of Real Estate Ownership in Light of the Latest Amendments and Latest Judicial Rulings, Dar Houma, Algeria, 2003.

- Adly Amir Khaled, Provisions and Procedures for Real Estate Ownership Month, Dar Al-Fikr Al-Jamei, 1st Edition, Egypt, 2013.

- Mohamed Hassanein, Contract of Sale in Algerian Civil Law, University Press Office, 1st Edition, 1994.

Second: Scientific Journals:

- Ali Abdel-Aali Khashan, The legal system of form in the traffic law, Babylon University Journal for Human Sciences, Iraq, Volume 14, Issue 02, 2007.

- Hichi Ahida, Rights and Duties of the Notary in Moroccan Legislation, Journal of Business Disputes, Morocco, ISBN 2508-9293, Faculty of Sharia in Fez, 2016.

Third: University theses:

A- PhD theses:

- Jadili Nawal, The In-kind Record: A Comparative Study between Algerian and Moroccan Legislation, PhD thesis, specializing in private law, University of Algiers 1, Faculty of Law and Political Science, 2007-2008.

- Jamal Boushanafah, The Legal Implications of the Ainy Month System in Algerian Legislation, PhD thesis, Faculty of Law and Political Science, Blida University, 2011.

- Wais Fathi, Real Estate Publication and its Impact on the Validity and Enforcement of Real Estate Dispositions, Ph.D. thesis, majoring in civil law, Faculty of Law and Political Science, Oran University, 2009-2010.

- Sheikh Sana formalism in real estate transactions, PhD thesis, majoring in private law, Faculty of Law and Political Sciences, University of Tlemcen, 2011-2012.

B- Master Theses:

Zawawi Mahmoud, Formalism of Health in the Context of Civil Dispositions in Algerian Civil Law, a comparative study, master's thesis on contracts and responsibility, Institute of Law and Political Science, University of Algiers, 1987.

- Fasih Jamila, Legal Security in the Field of Real Estate Transactions, Master Thesis, Sidi Bel Abbes University, Faculty of Law and Political Science, specializing in Dispute Law, 2013-2014.

Fourth: Legal Texts:

A- Patriotism:

- Ordinance No. 75/74 of 11/12/1975 containing the preparation of the general land survey and the establishment of the Land Registry, C, R, No. 92 of 1975.

- Law No. 25-90, amended and supplemented by Decree No. 26-95 of 12-25-1995 containing the Real Estate Orientation Law, C, R, No. 19 issued on 11-18-1990.

- Law No. 06/02 of 02/20/2006 related to documentation, C, R 14 of 08/03/2006.

- Law No. 09/08 of 02/25/2008 containing the Civil and Administrative Procedures Code, C, R, No. 21 of 2008.

- Ordinance No. 58/75 of 09/26/1975 containing the Civil Code, C, R, No. 78 of 1975, as amended and supplemented.

- Executive Decree No. 63/76 of 03/25/1976 establishing the Land Registry, C, R, No. 30 of 1976.


- Law No. 39/08 related to the Code of Real Rights, C, R 5998 of 2011.

- Law No. 14/07 promulgated by the implementation of the Noble Decree No. 1.11.177 of 11/22/2011, which includes real estate memorization, C, R, No. 5998 of 2011.

- Royal Decree No. 1-08-125 issued on June 03, 2002 implementing Law No. 58:00 establishing the National Agency for Real Estate Conservation, C, R, No. 5032 of 2002.

- A ministerial decision issued on June 4, 1915 related to the enactment of a system for the interest of the real estate governorate

How to Cite
dich, touria. (2022). the role of notary in the embodiment of form as a mechanism for ensuring real estate behavior - comparative study. Journal of Science and Knowledge Horizons, 2(01), 489-512.