الآليات المرصدة للصلح بين الزوجين في القانونين الجزائري و المغربي

Abstract EN

The phenomenon of divorce has increased recently, due to several social, economic or cultural reasons, as the percentage of divorce reached 68 thousand cases in Algeria in 2018, and 100, 000 cases in Morocco in 2017, and to reduce this phenomenon, judges work at the level of courts to conduct reconciliation between spouses before The rhythm of divorce between them, with the help of a set of mechanisms and bodies that help in reconciliation.

The importance of conciliation between the spouses increases in showing the effectiveness of these institutions for reconciliation between the spouses as well as the role of the public prosecution in it, not to mention the role of the judge.

A contract for the communication between the spouses may be used by agencies or institutions to help him in the conduct of reconciliation, whether the institution of the two rulings or the family council, these institutions are considered effective mechanisms if used in their proper form, where we find that the majority of judges may not be given enough time for these institutions to do their work on On the one hand, the Algerian legislator has neglected to create the Family Council, as his Moroccan counterpart has doneOn the other hand, we find that both Algerian and Moroccan legislators did not define the comprehensive conditions for reconciliation between spouses, which necessitated a reference to the provisions of Islamic law, using the comparative analytical approach in our study.