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Can a customary contract become documented?

Can a customary contract become documented?

Can a customary contract become documented?

Answer Yes Customary Contracts on Real Estate or Real Estate in Kind Rights before the entry into force of the Authentication Act on the first date of January 1971 valid and productive for all its legal effects


Answer: Yes:
Customary contracts on real estate or real estate in kind rights before the entry into force of the Authentication Act on the first date of January 1971 are valid and productive for all its legal effects. However, this is done only in properties whose ownership is permitted to move, such as the property of the type owned by Algerians, which was governed by Islamic law and customary rules, as well as in respect of land not cleared by the French colonial authorities and which remained in this capacity after independence.

Customary fixed-date contracts issued before 1 January 1971 were formalized and without recourse to judicial authorities to prove their validity, as was previously the case. In which the contract editor merely mentions the exact designation of the property, and all persons mentioned in the customary contract without exception contractors and witnesses, This is to facilitate the control of the real estate card while exempting the editor from the origin of the property, The justification for applying this exception may be that the month's process in that period was an optional matter for the parties.

These contracts can be converted directly into property contracts and their owners can extract their real estate books.

Answer: No:
Customary contracts drafted after 1 January 1971 do not affect the proof or transfer of real property or real rights in kind either towards contractors or others. The conduct concluded in such a manner is null and void, and may be raised by the court on its initiative because the methods of proof of real property are public order.

Registration of a standard contract does not earn it officially, but the maximum benefit of registration is only proof of date. The content of a customary contract is always far from official.

Those who do not hold property contracts can acquire ownership through the General Land Survey.

 

 

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