نسب ولد المتزوجة المغتصبة في التشريع الجزائري: دراسة مقارنة

Abstract EN

The birth lineage of the couple is fixed for them, because the valid marriage.

however, the rape of a married woman may occur and result in a birth, and thus the issue of his lineage with the husband or rapist or leaving him with no lineage is different.

some scholars have treated the issue of rape with the same provisions as adultery in relation to the child's descent, and some modern scholars has treated it in isolation, and have authorized the child's lineage to the rapist.

the Algerian legislator has addressed this issue through jurisprudence.

his position is biased in the interests of the child by recognizing that he is a from usurper, to protect his right of lineage, relieving the burden of the usurper, and charging the rapist with expenses and expenses.

however, he found no support other than to include him in the suspicion, because of the similarity of the effects because in both cases there is a woman's son who is not her husband.