ولاية القضاء الاستعجالي في منع التعسف في استعمال الحقوق الأسرية بين الاختصاص الوظيفي والاختصاص التقديري

الملخص EN

The subject of this research: what is the extent of the jurisdiction of the emergency judiciary to prevent the abuse of family rights in personal status matters? where we have included some cases related to family affairs that are brought before the judge of urgency, in which judgment is required to provide the element of urgency and not to prejudice the origin of the right, as it must be based on the discretionary power of the judge to determine the danger that imposes speedy settlement of the dispute.

to study this subject, I resorted to analyzing some of the legal texts that the Algerian legislator came up with in the new amendment to ordinance 05-02 containing the family law, in particular article 57 bis which expressly stipulates urgency in matters of personal status.

hence, the speed with which the emergency judiciary is characterized made it a judiciary that guarantees legal and judicial protection for the affected parties, especially in matters of personal status.