قراءة نقدية في بعض قواعد التنازع الجزائرية

الملخص EN

According to article 9 of the Algerian civil code, the adaptation of any issue that is in conflict with the laws internationally is subject to the judge’s supremacy considering it as a conflict rule meant for adaptation.

however, the legislator violated its content when he included adoption into an Algerian attribution rule meant for legal Kaffalah, article 13 bis1, even though it is legally and religiously prohibited in Algeria.

as a consequence, I critically examined the article 13 bis1 in terms of the adaptation brought by the legislator to the issue of adoption, because adaptation is the responsibility of the judge, not the legislator, therefore, I criticized the legislator’s position and clarified the solution the Algerian judge should adopt.