الإشكالات التي يثيرها تنازع القوانين في مسائل الحضانة : دراسة مقارنة على ضوء التشريعات العربية و الاجتهاد القضائي بالجزائر

الملخص EN

On the grounds that the responsibility of children falls on the parents during or after the dissolution of the marital relationship and the impossibility of the presence of the parties in one place to care for the child, and the selfishness between the spouses so the legislator must maintain the interests of children after the disengagement of marriage, The Algerian legislator has drafted legal provisions to assist him in his important and effective role at the internal level.

The situation becomes even more difficult if there is a foreign party in the conflict.

Both parties have a law that must be enforced.

Both parties adhere to its law.

However, there are legal provisions that protect children's rights and ensure their care since birth.

As well as the provisions of the provisions of Article 26.3 of the Universal Declaration of Human Rights, which are considered to be in compliance with the provisions of the Universal Declaration of Human Rights, Article 62 of the Algerian Family Code, and most of the legislation of the Islamic countries, which are confirmed by the jurisprudence of the Supreme Court., conflict of laws, the child's interest, protectionist provisions for small.