الوصية الواجبة في قانون الأسرة الجزائري و بعض التشريعات العربية : دراسة مقارنة مع أحكام الفقه الإسلامي

Abstract EN

This research studies an issue organized by Arab personal status laws according to some jurisprudential opinions, which is the issue of the obligatory testament, which is from the grandfather to his grandchildren from his son who died before him.

the research aims to define the obligatory testament, clarify its conditions in Arab legislations, and clarify the jurisprudential opinion that says that this testament is necessary.

also aims to analyze the legal articles that regulate its provisions in some Arab legislation ; and explaining its loopholes, in order to getting an opinion weighted by the evidence, supports the legitimacy of the issue, and ensures its legality.

among the most important results of the research is that the obligatory testament is the imposition of a share of the inheritance for the descendants of the deceased if their father died before their grandfather.

their share is the same as the share of their father if he was alive.

in addition, most Arab legislations made it obligatory and specified conditions for it.

the legislations exaggerated about the consideration of this testament, especially in making it obligatory.