Legal and Judicial Problems for Divorce According to Algerian Law

Divorce is the dissolution of the marital bond between the parties, and it is either retroactive or irrevocable with minor or major evidence. It is one of the most frequently raised issues before the judiciary and raises many problems, the most important of which is the issue of proving divorce, especially with the ambiguity surrounding some of the articles that the legislator singled out for the issue of divorce and the difficulty of applying it judicially. However, it is shrouded in some ambiguity, especially with the existence of Article 49 of the Family Code, which considers that divorce can only be established by a ruling. Is the judgment in this case considered revealing or decided? Also, once a divorce from the husband occurs, its effects are achieved by dissolving the marital bond and the wife’s waiting period. This is from a legal point of view, but this contradicts what is stated in the legal texts. What are the procedures, if any?

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Publication Details

Journal
Law and World
Published
2024-09-08
DOI
https://doi.org/10.36475/10.3.1
Primary Topic
Multiculturalism, Politics, Migration, Gender
Type
article
Field-Weighted Citation Impact
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article

Legal and Judicial Problems for Divorce According to Algerian Law

Law and World
Multiculturalism, Politics, Migration, Gender
article

Legal and Judicial Problems for Divorce According to Algerian Law

article en

Abstract

Divorce is the dissolution of the marital bond between the parties, and it is either retroactive or irrevocable with minor or major evidence. It is one of the most frequently raised issues before the judiciary and raises many problems, the most important of which is the issue of proving divorce, especially with the ambiguity surrounding some of the articles that the legislator singled out for the issue of divorce and the difficulty of applying it judicially. However, it is shrouded in some ambiguity, especially with the existence of Article 49 of the Family Code, which considers that divorce can only be established by a ruling. Is the judgment in this case considered revealing or decided? Also, once a divorce from the husband occurs, its effects are achieved by dissolving the marital bond and the wife’s waiting period. This is from a legal point of view, but this contradicts what is stated in the legal texts. What are the procedures, if any?

Law and WorldVol. 10(3)
University of Abou Bekr Belkaïd (DZ), Université de ain Témouchent (DZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
Multiculturalism, Politics, Migration, Gender
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