تمليك الشقق والطبقات -دراسة مقارنة- بين الفقه الإسلامي والقانون الجزائري

Abstract

The system of ownership of apartments and classes depends on the company in the ownership of the divided buildings, to the layers or apartments, or multiple shops, so that two people and more parts in one building on the face of private ownership, and share ownership of the common parts for joint use, and we find that this system is not newborn But it has historical roots in the Islamic jurisprudence under the name of the system of the lower and higher, where organized by Islamic jurisprudence and address the provisions, although not the picture that exists today, and the Algerian legislator in order to regulate the ownership of apartments and classes as the most important systems to eliminate the housing problem has passed several stages until 83-666 To regulate the special and joint parts. In its legislation, it also regulated the rights and obligations of the owners in respect of the segregated parts, giving them the right to use, exploit and dispose of their own part. This was not at all permitted but it was restricted by several restrictions preventing damage to others, Construction