The Abuse of Using Private Property and Its Ownership in the Legislation in Algeria

Abstract

Opinions differ about the abuse of the right and Algerian legislature

intervenes under the amendment on Civil Law, Law No. 05- 10, dated:

20/ 06/ 2005, which emphasized explicitly that the abuse of the right is a

forms of the error under Article 124. Based on the report of the principle

of the social function of ownership of real estate, the legislator decided

to compel the owners of agricultural land to use them because the lack of

investment is considered an abuse of the right under Article 48 of Law 90-

25, dated: 11. 18. 1990. The legislator requires the owner not to change

the land’s characteristics or reduce it uner Article 55 of Law 90- 25, and

Article 56 of the same law.