مؤسسة الشرق الأوسط للنشر العلمي

عادةً ما يتم الرد في غضون خمس دقائق

الإصدار الخامس عشر: 15 يناير 2024
من مجلة العلوم الإنسانية العربية

Converting the permanent usufruct into a concession contract

Ben Bouaicha Shahinaz
Abstract

Algeria is currently operating under a new agricultural policy that differs from its predecessors in terms of the real estate policies pursued through various management mechanisms that came as a result of a series of economic, political, and social reforms. These reforms are embodied in the concession contract, which was established by the legislator to manage agricultural land belonging to the state's private property. The concession contract is seen as an appropriate option for the development of the agricultural investment sector. The legislator has embodied this through Law 10/03, which defines the conditions and procedures for the exploitation of agricultural land belonging to the state's national private property, and Executive Decree 10/326, dated December 23, 2010, which defines the procedures for applying the concession right for the exploitation of agricultural land belonging to the state's private property, except that it defined many problems have caused the delay in the process of converting the permanent usufruct right into a concession contract, and this is due to the lack and emptiness of legal texts and their contradiction with other legal texts, which negatively affected the agricultural development, but it can succeed if it is well applied and this mechanism if this law is amended with the addition of all the shortcomings it has known, and therefore it will contribute to the reorganization of the agricultural sector of private state property, and will contribute to the preservation of the agricultural property from fragmentation and loss of its agricultural character by changing its agricultural destination. Accordingly, I propose a set of recommendations , including amending the articles related to relinquishment under informal contracts and unregistered documentary contracts, and abandoning instructions to prevent the administration from being both the adversary and the judge. Additionally, suggesting the inclusion of explicit language allowing regional decision-makers to benefit from concession contracts. Increasing the provisions regulating partnership contracts in detail is also recommended. In this context, it is proposed to integrate the concept of the company into commercial law to facilitate the trading process.

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