تأملات قانونية في المادة 37 قانون الأسرة الجزائري المعدل و إشكالية القانون الواجب التطبيق : دراسة مقارنة

Abstract EN

In line with the requirements of globalization and developments within Algerian society, in 2005 the Algerian legislator introduced some amendments to some laws, including the Civil and Family Law, the latter in which he was introduced alongside the system of financial independence of the spouses, The system of financial participation of the spouses, in article 37, so that the spouses can prove the rights and financial obligations exchanged between them after marriage at the time of the dispute, contrary to the comparative Western legal regulations that have the financial implications of the marriage multiple systems, most of which recognize the rights of each spouse to the other party's funds.

The legislator subjected these financial systems to the law of the nationality of the husband at the time of the marriage, in accordance with article 12 paragraph1 of the amended civil, The legislator redrafted it, and the exception of Algerian law if one of the spouses is Algerian, but this law may raise legal disputes - due to different regulations on the concept of the couple's financial system - because of the difficulties that may be encountered and which inevitably affect the acquired right that the competent judge may not enforce because it is related to public order.