تناقض الأحكام المنظمة لأسباب عدم صحة عقد الزواج في قانون الأسرة الجزائري

Abstract EN

The contract of marriage requires the availability of all its pillars and conditions.

If all the requirements for its composition have been met, the contract is valid once it has been completed, and all of its effects on the contractors and others.

On the other hand, if one of these requirements fails, the contract is incorrect and does not have any effect.

But these requirements are not at the same degree of importance, if the failure of some of these requirements affects the existence of the contract in itself, and it becomes null, others do not affect its existence, but affects its health, and it becomes corrupt.

and from there they it must be identified exactly, to know the causes of the invalidity, and to distinguish them from the causes of corruption.

Therefore, the invalid contract is null, and there can be no effect even if there is a consummation.

on the other hand, if there is a corrupt contract, it is still existing but it has an effect on it health, in which law admits some necessary effects if there is a consummation as material fact only.

although in both cases it must be a differentiate between the spouses, because the contract came as opposed to the form ordered by the law.