Titre :	شهادة مطابقة البنايات في التشريـع الجزائـري
Type de document :	texte imprimé
Auteurs :	مليكة بوعياد, Auteur ; حمة مرامرية, Directeur de thèse
Editeur :	جامعة الإخوة منتوري قسنطينة
Année de publication :	2017
Importance :	173 ورقة.
Format :	30 سم.
Note générale :	2نسخ موجودة مكتبة المركزية
Langues :	Arabe (ara)
Catégories :	Arabe القانون
Tags :	شهادة المطابقة  عملٌة تحقٌق المطابقة  تسوٌة الوعاء العقاري  قانون  15/08التنظٌم العمران
Index. décimale :	340 القانون
Résumé :	The administrative authorities responsible for the construction sector organize and regulate the urban movement through a number of legal means within the framework of the control process .The conformity certificate is considered as one of the certificates through which the construction departments do their posterior control, and which the legislator created by virtue of the law 90/29. It is an administrative document compulsory for all the entirely constructed buildings according to the conditions and specifications agreed upon in the construction permit, and it is delivered by the president of the popular communal council territorially competent or the Wali after going through some procedures starting by depositing the declaration of termination of works by the owners of the buildings, then checking the conformity of works through the documentary and field controls by qualified agents . Despite the elapse of twenty years almost after the creation of the conformity certificate, the urban side of the city is facing many problems, the most important of which, is the non termination of the buildings in the legal time limit or their execution in an illegal way, in addition to the phenomenon of taking possession of properties. So the legislator enacted the law n 08/15 related to the conformity of the executed buildings and those in process of construction which were started before 03/08/2008 with respecting the general rules of planning and urbanism in addition to the legislation and regulation related to occupying land plots .It concerns also the properties located in the public or private domain if there is a possibility of its relegation or assignation against the payment of its value ,this operation is conducted in coordination with the public domain department . The regulation goes through many stages, many administrations interfere in its issuance starting from the department of urbanism at the municipality, then the district committee study the possibility of regulation based on the reports submitted by the municipality and the provincial administration in coordination with the external departments. The procedures provided for in the law .08/15 did not give satisfactory results ,as most of the constructions were not regulated, especially the public administrations, the is due to many administrative and social problems and other real estate related problems. In order to preserve the rights of the concerned people against the administration’s abusiveness, the legislator legalized having recourse to justice to contest the defected administrative decisions, through filing the cancellation case. After investigation, the administrative judge issues decisions to oblige the administration to execute the judicial decisions issued against it, according to the new amendment coming in the civil and administrative procedures law in articles 978,981,979. The penal judge interferes also in the disputes arising about the conformity certificate, and in addition to the right of the administration to demolish the constructions erected in contravention to law; it may file a case before the penal judge to punish the contraveners. Despite of the legal arsenal organizing the sector of construction, the contraventions are still several, and most of the buildings are not conform with the norms and specifications, and even the entirely finished buildings are used without obtaining the conformity certificate. This fact must push the authorities in charge of the construction sector to look for new and efficient procedures involving all the interveners while preparing the law and punish the contraveners and the administrative responsible people who fall short in accomplishing their controlling duty on the construction movement.
Diplôme :	Magistère
En ligne :	../theses/droit/ABOU4221.pdf
Format de la ressource électronique :	pdf
Permalink :	index.php?lvl=notice_display&id=10653

شهادة مطابقة البنايات في التشريـع الجزائـري [texte imprimé] / مليكة بوعياد, Auteur ; حمة مرامرية, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2017 . - 173 ورقة. ; 30 سم.
2نسخ موجودة مكتبة المركزية

Langues : Arabe (ara)

Catégories :	Arabe القانون
Tags :	شهادة المطابقة  عملٌة تحقٌق المطابقة  تسوٌة الوعاء العقاري  قانون  15/08التنظٌم العمران
Index. décimale :	340 القانون
Résumé :	The administrative authorities responsible for the construction sector organize and regulate the urban movement through a number of legal means within the framework of the control process .The conformity certificate is considered as one of the certificates through which the construction departments do their posterior control, and which the legislator created by virtue of the law 90/29. It is an administrative document compulsory for all the entirely constructed buildings according to the conditions and specifications agreed upon in the construction permit, and it is delivered by the president of the popular communal council territorially competent or the Wali after going through some procedures starting by depositing the declaration of termination of works by the owners of the buildings, then checking the conformity of works through the documentary and field controls by qualified agents . Despite the elapse of twenty years almost after the creation of the conformity certificate, the urban side of the city is facing many problems, the most important of which, is the non termination of the buildings in the legal time limit or their execution in an illegal way, in addition to the phenomenon of taking possession of properties. So the legislator enacted the law n 08/15 related to the conformity of the executed buildings and those in process of construction which were started before 03/08/2008 with respecting the general rules of planning and urbanism in addition to the legislation and regulation related to occupying land plots .It concerns also the properties located in the public or private domain if there is a possibility of its relegation or assignation against the payment of its value ,this operation is conducted in coordination with the public domain department . The regulation goes through many stages, many administrations interfere in its issuance starting from the department of urbanism at the municipality, then the district committee study the possibility of regulation based on the reports submitted by the municipality and the provincial administration in coordination with the external departments. The procedures provided for in the law .08/15 did not give satisfactory results ,as most of the constructions were not regulated, especially the public administrations, the is due to many administrative and social problems and other real estate related problems. In order to preserve the rights of the concerned people against the administration’s abusiveness, the legislator legalized having recourse to justice to contest the defected administrative decisions, through filing the cancellation case. After investigation, the administrative judge issues decisions to oblige the administration to execute the judicial decisions issued against it, according to the new amendment coming in the civil and administrative procedures law in articles 978,981,979. The penal judge interferes also in the disputes arising about the conformity certificate, and in addition to the right of the administration to demolish the constructions erected in contravention to law; it may file a case before the penal judge to punish the contraveners. Despite of the legal arsenal organizing the sector of construction, the contraventions are still several, and most of the buildings are not conform with the norms and specifications, and even the entirely finished buildings are used without obtaining the conformity certificate. This fact must push the authorities in charge of the construction sector to look for new and efficient procedures involving all the interveners while preparing the law and punish the contraveners and the administrative responsible people who fall short in accomplishing their controlling duty on the construction movement.
Diplôme :	Magistère
En ligne :	../theses/droit/ABOU4221.pdf
Format de la ressource électronique :	pdf
Permalink :	index.php?lvl=notice_display&id=10653