الاطار القانوني للعقار الصناعي في الجزائر

Abstract

The industrial real estate is considered a part of the real estate asset base oriented towards investment due to its significant importance, therefore it has become incumbent upon the state to search for ways to protect and maintain it, as well as appropriate methods for its exploitation , Numerous mechanisms and procedures were previously included in investment laws , with the starting point being the concession contract ,which led to many problems that eventually resulted in its abolition under law 08-04, with the enactment of this law the legislator adopted a single mechanism for exploiting industrial real estate , represented by the concession mechanism whish was known in two forms through public auction or by mutual agreement subsequently ,law 23-17 was enacted which settled on a single mechanism namely granting the concession by mutual agreement , which could turn into a final sale if the legal conditions for that are met this law introduced a new body that oversees the granting if concessions represented by the Algerian investment Promotion agency . The investor and the administration granting the concession have a set of rights and obligations specified in the terms of reference and any breach leads to the termination of the contract between the two parties, the concession mechanism triggers numerous disputes that require settlement either through amicable means or through the judiciary. therefore, the legislator must unify a specific law for industrial real estate outline the procedures related to it alone provide new asset bases to include new categories and focus on amicable settlement mechanisms to alleviate pressure on the judiciary.