التطليق قبل البناء في التشريع الجزائري

Abstract EN

The principle is that the wife may not be compelled to complete the marriage procedures because it is a consensual contract and she has the right to withdraw it through divorce before consummation.

However, the Algerian legislator did not address this situation with an explicit text clarifying the wife’s right and duty towards her husband, which led to a conflict in the rulings of the judiciary originally resulting from the ambiguity in the legal texts and the absence of a jurisprudence issued by the collective chambers of the Supreme Court that is binding on judges Courts and judicial councils, which is what the researcher tried to explain and suggest solutions that he believes are correct in this article.