الدور السلبي للقاضي في إثبات النسب بالطرق العلمية في التشريع الجزائري

Abstract EN

Filiationis a legitimate tie between the father and his sontransmitted from the ancestor to the successor.

It is proved by means of presumptive authority and means of olute value.

This process is supervised by the judiciary body.

Despite the importance of joining the child with his father at the family and social level, the legislator gave olute freedom to the judge to adopt scientific methods, by not restricting him to resort to them, despite the fact that thiscould lead him to almost confirmed results, especially the method of analyzing the DNA.

By that the legislator granted the judge olute freedom - no restrictions or conditions in following the modern means or not.

This justifies the non-guaranteeing real, serious and adequate protection for the child, the family and society as a whole, as this results in the loss of the fate of the child's rights in terms of family ties and inheritance if they are justified.

Therefore, the legislator should have worked on obligating the judge to resort to scientific methods in all cases that necessitate this, and to close the door of olute appreciation for him since assigning filiation to its family is not difficult for the judge.