قاعدة مراعاة الخلاف و أثرها في الاجتهاد القضائي المتعلق بالتشريع الأسري في الجزائر

الملخص EN

Taking into account the difference is a jurisprudential principle applicable in the Maliki school in particular, and it has an impact on other branches of doctrines in general, its concept revolves around the introduction of the jurisprudence of the contrary doctrine, which was adopted by the legislator in the Algerian family law, where he did not adhere to a specific jurisprudence, but benefited from all the doctrines considered, and to the fact that Judicial jurisprudence is the practical, applied field of texts of family legislation.

We find that the Supreme Court judges have taken the same approach that the legislator has adopted.

This study aims to show the effect of the rule of observing the difference in the jurisprudence of the Supreme Court.

The research focused on some of the decisions issued by it after mentioning the views of doctrines in every jurisprudential issue related to them, as a way of demonstration and representation until the importance of implementing the legal rules in legal studies becomes clear.