مدى اعتماد القاضي للعرف في تقدير موجب الفرقة في دعاوى التطليق : دراسة مقارنة في القانونين الجزائري و المصري و العمل القضائي

Abstract EN

Custom represents an important role in family decisions, particularly those relating to judicial differentiation, in view of the positive role the judge plays in the assessment of judicial evidence.

This requires a definition of the limits of the use of custom in such cases and its controls, as well as the extent to which it guarantees the rights of litigants, usually through evidence in the cases of separation determined by the jurists based on certain circumstances and contexts.

In this case, their determination must be carried out under legal provisions, which should take into account the extent of change of those circumstances and the customs upon which they were based.

On the other hand, judicial work should also understand this and accommodate it in many judicial practices.

However, it is regrettable that the judicial work does not account for the source and structure of its rulings, which may raise them to the status of the legal text, in addition to the lack of guidelines that guide the judges of the lower courts in determining the custom upon which the provisions are based.