The Principle of Commencement of Proof by Writing in Algerian Civil Evidence Law:

Abstract

The principle of commencement of proof by constitutes a significant exception to the general rule requiring written evidence in the Algerian civil law system. It permits the supplementation of incomplete written proof with witness testimony or presumptions when its three conditions, as stipulated in Article 335 of the Algerian Civil Code, are met. With the Algerian legislature's recognition of electronic writing under Law No. 05-10 of 20 June 2005 (Article 323 bis 1), followed by the regulation of electronic signatures and certification through Law No. 15-04 of 3 February 2015, it has become essential to examine the applicability of this principle to real property transactions, which are subject to strict formal requirements and mandatory registration procedures.
This study analyzes the compatibility of the principle's conditions with the nature of electronic instruments, focusing on practical challenges and legislative gaps in the field of property ownership. The methodology relies on textual, comparative, and applied critical analysis, drawing on legal texts, doctrine, and judicial precedents. The study concludes that the principle serves as a flexible bridge toward digitization but requires comprehensive legislative and technological development to achieve full effectiveness in real estate transactions.