الإشكالات المتعلقة بالخلع في قانون الأسرة الجزائري

Abstract EN

Among the important family issues between husband and wife in the dissolution of the marital bond, we find divorce by khulae', which was the subject of changing and turbulent jurisprudence, as a result of the lack of clarity in the text of Article 54 of the Family Code before its amendment, as it did not indicate the consent and consent of the husband or not, and also what It is related to their consent about the compensation for khulae' offered by the wife to the husband and the extent of their consent to it, provided that the judge intervenes with the ruling, not exceeding the dowry of the same at the time of the ruling in the event of disagreement.

Despite the legislator's intervention by amending the Family Law in 2005, one article on the subject is not enough, as it is a form of sensitivity, which makes it very important, because it is related to the woman's voluntary and singular right to initiate divorce in exchange for money she pays.