تأثير التوجه الفقهي للمشرع كسبب لتحريك تنازع القوانين في موضوع الحضانة : دراسة مقانة بين التشريع الجزائري و بعض التشريعات العربية و الاتفاقيات الدولية

الملخص EN

The right to custody is one of the most important consequences of the dissolution of the marriage by divorce.

Its objective is to determine the conditions of taking the child into care, considering his inability.

Thus, the custody forms one of the aspects of the assistance where the interest of the child in custody is taken into account by jurisprudence, the legislation and the judicial power and constitutes a consensus to achieve it, as an absolute duty.

If the marital life is founded, the problem of assistance does not arise, since the parents are jointly responsible for the child‘s education.

However, in cases of divorce or issues ,relating to the right to custody of children, it is essential to determine who of the parents will be alloted this right that each one claims.

Meanwhile, the question now being asked, is dealing with the law applied in such cases and the basis on which the judge allows this huge responsibility to this or that parent.

What is the reason behind the internationnal legal disagreement or dispute, in this matter ? What is the legal provision in these cicumstances ? Finally, what action would be taken to decide on such litigations.