Civil liability in the joint real estate ownership system

Abstract

Civil liability is generally defined as ensuring compensation for the damage resulting from the act of the responsible person, whether the act was positive by performing any act that would cause harm to others or by abstaining from doing an act that he was supposed to do. This abstention causes harm to others and thus creates liability for him. Hence, responsibility, as a general rule, aims to protect a private interest that is affected by a mistake committed by the official. It is noted that the Algerian legislator has regulated it in the Civil Code in Chapter Two, Chapter Three, under the title: “Work Eligible to Compensate.” Responsibility is more complex and multifaceted. There is responsibility for personal actions, and there is another for the actions of others. As for the last responsibility, it is the responsibility arising from things. Because the joint real estate ownership system contains many people and individuals within a built framework upon which relationships are drawn between those belonging to this collective real estate system, it is inevitable that the liability system will be in the same form as it was organized in the civil law. The owners’ association is personally responsible, as well as responsible for others and for things. Likewise, all owners may be liable at times personally, at other times for others, and finally for things, and this is the same thing that applies to the person disposing of it within the joint real estate ownership system.