الاشتراط في عقد الزواج بين القانون الجزائري و القوانين العربية

Abstract EN

The marriage contract is a tight legal organization that archives a balance between the spouses, and it is governed by legal rules that cannot be changed, and despite the fact that this contract has special meanings because it is not based on quarrel and the desire to earn money, or archive worldly goals, but there is a well-known rule governing the establishment of contract that the contract is the law of the contracting parti.

the most important thing in this rule is the permissibility of marriage for both spouses, during this study, we touched on this presumption in mostarab laws, but it differed in the manner of fulfilling the condition and the extent of commitment of the second party to its fulfillment, and it also differed in the consequences of it in the event of non-fulfillment stipulated in the marriage contract, if it is annulment, as the UAE, Syrian, and Tunisian law, or divorce, as the Algerian and Moroccan law with the possibility of compensating the aggrieved party as a result of not fulfilling the condition.