الرضائية في إبرام عقد الزواج و انحلاله : الزوجة معقود معها أم عليها

Abstract EN

This research paper deals with the issue of consent in the conclusion and dissolution of the marriage contract, and that the provisions of Islamic Sharia were the first to consider marriage a consensual contract with distinction, that is, it does not take place properly except with the consent of the man who is coming to him, which was taken by the Algerian legislator through the provisions of Article 04 of the Law Family No.

11-84 amended and supplemented by Ordinance 05-02, which considered the wife to be an original party in the conclusion of the marriage contract.

In addition, the legislator permits the wife to be a party to the request for dissolution of the marital bond by divorce by mutual consent through the provisions of Article 48 of the same law, or by her sole will by divorce by khulaa in accordance with the provisions of Article 54 of the Family Cod.