Difference between notary contract and customary contract

A customary contract or paper is a bond a competent public officer or notary does not issue. The legislator's validity is required only by writing and signature, as stipulated in article 327 of the Civil Code. The authenticity of the editor about the parties is valid. For others, it must have a fixed date and be so by article 328 of the same Code:

From the day of its registration (article 63 of Act No. 91-25 of 16 December 1992 containing the Finance Act) "Registration inspectors shall be prohibited from conducting the registration of customary contracts, real estate rights, shops, industries or any element constituting the waiver of shares and shares in companies, commercial leases, management of shops or industrial enterprises, founding contracts or modification of companies."

From the day its contents were confirmed in another contract edited by a public official.

Or from the day he was tagged by a competent public officer.

Or from the day someone dies who has a line, or lay on the contract.

On this basis, the 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 were valid and productive of all their 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 subject to 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.

Only under an official bond may the property be transferred or its ownership is established.

Thus, the fixed-date customary contracts issued before 1 January 1971 were formalized and without recourse to judicial authorities to prove their validity, as was previously the case. It is sufficient to resort to the notary to edit a one-month deposit in the competent real estate governorate. in which the contract editor merely mentions the exact designation of the property, and all persons mentioned in the customary contract without exception to 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.

Customary contracts entered into after the date of 1 January 1971 have no effect in establishing or transferring real property or real rights in kind either to contractors or others. The conduct thus concluded is null and void and may be raised by the court on its initiative because the methods of establishing real property are public order.

The registration of the customer contract by the decision of the Supreme Court of 24 September 1990 under No. 62624 ", since the registration of the customer contract does not earn it official, but the maximum benefit of registration is to prove the date only. The content of the customary contract is always far from official.

It should also be noted that the rule of establishing customary history is not a matter of public order. If a third party does not invoke the lack of proof of the written date, its customary history is an argument against it even though there is no established date, taking into account that it has been waived.