التدليس و أثره على الرابطة الزوجية : دراسة بين الفقه الإسلامي و التشريع الجزائري و الاجتهاد القضائي

Abstract EN

I.

The study deals with the issue of fraud, which is deceit and deception that makes the will of one of the contracting tainted by a defect (of its defects), and therefore, the Algerian legislator and Islamic jurisprudence gives the plaintiff the right to request annulment, or divorce to get rid of the harm, and the application came to the most important forms of fraud on the marital bond, which is fraud of defects Between the spouses, the Algerian legislator has expanded the circle of responding with defects to include every defect that contradicts the purposes of marriage, which is the saying of some jurists, and fraud of social status, and if the legislator did not stipulate competence in the marriage contract, he arranged for fraud to be repudiated for harm, and deceit by dissimulating his marriage when he desires to Polygamy.

To prevent this, the legislator stipulated that the one who wants polygamy informs his ex-wife and the one he wants to marry, and if he does not do that, they have the right to request divorce being victims of fraud.

The study concluded that fraud affects the marital bond regardless its justification and motivation.

Its effect is not limited to The contract itself, but extends to dowry and the separation of the spouses, and this is what we will deal with in this research in detail.