إشكالات التطليق للضرر المعتبر شرعا بين النص القانوني وواقع العمل القضائي

Abstract EN

Sixteen years after the amendment of the Algerian Family Code by virtue of Order 05-02, and what he knew of application and theorizing, and what the courts pronounced in various cases, such as marriage, divorce, alimony, custody and proof of legal filiation.

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, many gaps and shortcomings began to appear.

In the provisions of family justice, especially those related to the various causes of divorce, and the tenth paragraph of Article 53 of the Family Code in particular.

This study came to shed light on the various problems that hinder the application of this paragraph at the level of the judiciary and the ways that the family affairs judge used in his assessment of the harm considered legally.