Property Ownership through Possession between Algerian Law and Maliki Jurisprudence

Abstract

Possession, when its essential elements and conditions are met, is considered a legal means of acquiring real estate ownership in both Algerian law and Maliki jurisprudence. Both systems aim to promote social stability by protecting established legal positions and ensuring the proper functioning of key property transactions—transactions on which legal systems have relied to prove rights, particularly in the field of real estate ownership. This research seeks to examine possession as a mechanism for acquiring property ownership in both systems by studying its elements, conditions, and effects. It also highlights the similarities and differences between the two frameworks and explores the potential for incorporating Maliki jurisprudential reasoning to enrich the Algerian legislative framework in a manner that aligns with the specificities of its legal and social environment.