حجية الدفتر العقاري في إثبات الملكية في التشريع الجزائري

Abstract

The Land Register occupies a central position in the Algerian real estate system, as the principal instrument for proving property ownership, This study examines the legal authority of the Land Register and the extent of its evidentiary value, with particular focus on whether its probative force is absolute or relative. It also highlights its role in promoting legal certainty, protecting property rights, and ensuring the stability of real estate transactions. The research adopts a descriptive and analytical approach through the examination of relevant legal provisions and judicial decisions. The findings reveal that the Land Register constitutes the primary proof of ownership in surveyed areas. However, it is not immune from judicial review, as it may be challenged before the competent courts, particularly through annulment actions before administrative courts. The study further concludes that the effectiveness of the Land Register depends on the proper implementation of cadastral survey procedures and land registration operations. Therefore, strengthening oversight mechanisms, improving the professional training of land administration officials, and promoting consistent judicial interpretation are essential to aintaining a balance between the stability of ownership and the protection of rights.