تعسف الولي في استعمال حق ولاية التزويج : دراسة تأصيلية مقارنة

الملخص EN

Marriage is considered a divine system legislated by God Almighty, and this contract is only established by the availability of pillars; Among the most important are satisfaction and guardianship.

Consent is considered the most important pillar on which the marriage contract is based, and the guardian is the one who authorizes and undertakes this contract on behalf of the one who has his guardianship, and the guardian has become abusive in using this right; Through several forms, among the most important of them, that he misleads the one who takes care of her marriage, or that he marries her without her consent, either by forcing her to marry, or through fatwas against her; These last pictures are rarely imagined under the amended Algerian family law, which gives the adult woman guardianship over herself, and so we can imagine in this case that the guardian is the one who is disabled in exercising his legal right, and based on that, these pictures cannot be imagined according to the Algerian family law Except in the marriage of a minor, although the legislator has addressed the form of abuse in the marriage of a minor without her consent under that law.