تأثير إلغاء المادة 39 من قانون الأسرة الجزائري على نظام القوامة

Abstract EN

The repeal of article 39 of the family code by the Algerian legislator in the 2005 amendment has asked a lot of ink about the legislator's position on the husband's right to guardianship, but by referring to the text of the cancelled article, it stipulates that the wife must obey her husband as head of the family, while the guardianship regulates a set of rights that prove the spouses on the basis of asymmetric complementary, so that one spouse has the right to be obligatory to the other without proving his or her ideals, and the family law does not prove to him.

It is devoid of them as we find these rights enshrined in the content and content of its texts, And the article 36is not contrary to the guardianship, but its needs to determine the rights of the spouses to the other, so repeal of article 39 does not necessarily mean the abolition of guardianship, which appreciates what enshrines the principle of equality in the drafting of legal texts.