إشكالية تعارض الحكم التنظيمي مع الحكم القضائي بخصوص تثبيت واقعة الزواج المختلط العرفي

الملخص EN

If customary mixed marriage is took place without respecting organizational provisions governing it, which stipulates that its applicants must obtain an administrative authorizationissued by the competent governor 03 months prior to marriage.

The application for confirmation of marriage and then its registration witnesses a sharp conflict between, in one hand, the regulatory judgment that gives the competenceto justice according to article 22 of the Family Law, and, in other hand, the judicial judgment that firmlyrefused lawsuits aiming to confirm it, giving reason that it opposes the provisions of article 31of Family Law, which refers to the regulations that, in turn, stipulate the presentation of authorization.