إشكالات توثيق مشارطات الزواج المحرر من قبل الموثق

Abstract EN

The Algerian legislation allows the spouses to set conditions related to marital life provided they do not violate the public order and family law, but the notary faces big problems because the idea of public order is flexible and unstable, and its understanding varies from notary to notary.

According to his culture and experience as well as the failure of the Algerian legislator to adhere to a certain religious belief, and therefore the notary evades from writing the contract.

This occurs through the opportunity to marry or be a cause of loss of rights or a notarized releases a contract with conditions that violate law and public order or Sharia which makes it a reason to cancel or annul the contract