مركز الخلف العام بين القانون المدني وقانون الأسرة

Abstract EN

The status of the successor, the heirs, has aroused wide controversy, especially for countries that adopt legislation on personal status in Islamic law, as in Algeria.

this is particularly due to the ambiguity between the provisions of the civil code and the provisions of the family code.

where some of the jurists believe that the general successor is considered the center of the contract, citing the provisions of the civil law derived from the roman law.

while others believe that the general successor is considered to be in the jurisdiction of the contracting party, because the legislator is transferring the effects of the contract to the rules of inheritance contained in the family law derived from Islamic law, and thus can be given to the third party description of the actions of the predecessor.