Limited capacity between the Algerian civil code and the family code: wich contradiction?

Abstract EN

The Algerian legislator has regulated the legal capacity issues in the civil code and referred some of its issues to the family code.

this referral creates an explicit contradiction between what was stated in the civil code and what was stated in the family code regarding the legal capacity.

this is what constitutes an obstacle faced by the judge who is always searching for which texts will adopt in judgments.

this study came in order to highlight on the areas of contradiction and to find the possible solutions to overcome it in light of the current texts.

after a deep analysis of the civil code' texts and the family code ones which have relation to the issues of legal capacity, the study concluded that it is impossible for the judge to overcome this obstacle.

it was found that some legal texts must be amended to get rid of the contradiction that currently exists, with the need to include a text in the civil code that determines the reason for referral to the family code in issues of the legal capacity, taking in consideration the issue of the difference in the wisdom of legislation according to the type of transactions it regulates.