إشكالات قسمة المال الشائع للشريك القاصر: دراسة تحليلية نقدية مقارنة مدعمة بالاجتهاد القضائي

الملخص EN

Division is the only way to end the state of communion, so the Algerian legislator intervened by enacting controls that regulate it, but this division raises many problems, especially when there is among the partners one who lacks capacity, similar to the minor partner.

therefore, the Algerian legislator stipulated in the texts of the civil law for the validity of this division that the procedures imposed by the law must be followed, without mentioning the procedures and the law that regulates this division and the judicial authority concerned with it.

he explained and organized these procedures as the law regulating this division, as these procedures are represented in the necessity of obtaining a judicial permission from the party representing the minor in accordance with the text of 88 of the family law, but this solution in turn raises another problem, which is that the provisions of the family law are different from the provisions of the civil law, especially in the enforcement of the division of the minor partner.