المستحقون للتنزيل في قانون الأسرة الجزائري على ضوء قرارات المحكمة العليا : دراسة مقارنة بالتشريعات العربية

الملخص EN

A student of Algerian family law, notes the existence of many formal and objective gaps in his texts, the most striking of which are perhaps linked to the provisions of the "revelation" or to what comparative Arab legislation calls "The mandatory will "Where has this topic been - and still is - the subject of disagreement among scholars regarding its decisions, particularly with regard to the issue of right holders in inheritance by substitution Or the compulsory will, which is mainly due to the definition of the term "grandchildren", Or the compulsory will, which is mainly due to the definition of the term "grandchildren", It is at the theoretical level; Drafting of legislative or implementing texts; Judgments and judicial decisions, as the student finds texts of inheritance by substitution In Algerian family law (in particular article 169), There is an obvious difference between the legal scholars who explained this article, as there are three statements about the meaning of grandchildren.

Beneficiaries of inheritance by substitution, Rather, the question went beyond the practical aspect, as the judicial decisions handed down by the Supreme Court differed in this context.

There are also comparative Arab laws whose positions on the issue vary, between narrow and broad.

The issue of disagreement does not relate to the meaning of descendants who are entitled to a compulsory will exclusively in Algerian law and justice, but the same is true of comparative Arab law, whose positions on the issue vary between narrow and broad.