قراءة نقدية في بعض قواعد التنازع الجزائرية

الملخص EN

According to article 9 of the Algerian civil code, the adaptation of any issue conflicted by laws internationally is subjected 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, eventhough it is legally and religiously prohibited in Algeria.

As a consequence, I critically examined the article 13 bis1 in terms of the adaptation the legislator came up with because adaptation is the responsibility of the judge and therefor criticized the legislator's position and clarified the solution the Algerian judge should adopt.