نظام الاشتراك في الأموال المكتسبة بين الزوجين في القوانين المغاربية : دراسة مقارنة بالفقه الإسلامي

Abstract EN

Societies have known a great development that led to many changes that resulted in the emergence of new issues in all areas of life, the most important of which is the family, the main component of society.

as the women's exit to work and the crowding of men in the fields of work and the world of investment, finance and business, and others, as well as the call for gender equality had a great impact on those changes and emerging issues, this situation imposed on the wife the participation of her husband in the maintenance of the house, and in other cases participation in the purchase of the marital housing house or a car or a plot of land for use, or allocating the husband's salary to pay the price of the house and keeping all the daily maintenance on the wife or vice versa, and there many forms of participation in the money between them after the wife was enjoying her financial independence.

this participation has caused many problems when establishing rights, especially in the event of conflict, divorce or the death of one of the spouses.

therefore, the legal legislator in some countries enacted a contract for sharing funds between spouses, whether during the conclusion of the marriage contract or with a subsequent contract.

this research comes to know the content and nature of the subscription contract in both Algerian, Moroccan and Tunisian law, and to try to know the rule of entering a contract independent of the marriage contract in which the spouses agree to organize their money jurisprudence and law ? what is the impact of this contract on the stability of the family ?