المرسوم الرئاسي رقم 16-254 و أثره على أحكام الترخيص القضائي بزواج القاصر في التشريع الجزائري

الملخص EN

This research paper deals with Presidential Decree No.

16-254 of 09/27/2016 and its impact on the provisions of the judicial license to marry a minor girl in the Algerian legislation, where Article 07 of the Family Law No.

11-114 amended and completed by virtue of Ordinance 05-02 of 27 02/02/2005 states: "The capacity of a man and a woman to marry shall be completed by 19 years, and the judge may authorize marriage before that in the interest or necessity, whenever the ability of the parties to marry is confirmed." A minor husband acquires the capacity of a man to sue in relation to the effects of the marriage contract from rights and obligations.

It is noticed through the provisions of this article that the Algerian legislator has equalized the sexes with regard to the eligibility of marriage by reaching the age of 19 years, but the legislator has granted the judge the authority to grant marriage licenses to the boy and girl if they claim necessity and interest However, by referring to the provisions of Article 06 in its second paragraph of Presidential Decree No.

16-254 of the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, which states that: “States Parties shall ensure that men and women enjoy equal rights and are considered equal partners in marriage.

In this regard, the states parties shall adopt the appropriate legislative measures to ensure the following: - The minimum age for marriage for a girl is 18 years.

Accordingly, it is clear to us through the provisions of this paragraph that the Algerian legislator considered the eligibility of the girl in relation to marriage is eighteen 18 years, unlike the man who considered her nineteen 19 years according to the provisions of Article 07 of the Order 05-02.

Therefore the provisions of the second paragraph of Article 06 may constitute From Presidential Decree 16 - 254 an impediment to the judge regarding the issue of judicial licensing to rationalize the marriage of a minor girl, as well as the same for the boy.