نظام الملكية المشتركة في الترقيــة العقارية

Abstract

"This dissertation examines the system of co-ownership in real estate development, which has been adopted by the Algerian legislator as a mechanism to address the housing crisis and to regulate the relationship between owners of jointly owned properties, particularly within collective buildings. This system is governed by the Civil Code (Articles 743 to 772), and further reinforced by Law No. 11-04 relating to real estate promotion, in addition to Executive Decree No. 14-99, which established a standardized model for co-ownership regulations. The study focuses on the content and conditions of the co-ownership system, the role of the real estate developer in drafting and delivering it, as well as the practical challenges hindering its implementation—especially those concerning the management of common areas and the disputes arising among co-owners. The research concludes by emphasizing the importance of this system in ensuring peaceful coexistence within shared properties, while underlining the need to enhance the legislative framework and to strengthen the role of co-owners’ associations and property managers to ensure effective enforcement in practice. "