الإطار المرجعي لنظام التنزيل في ظل قانون الأسرة الجزائري

Abstract EN

Based on the guardian authority , and what the obligation dictates towards the good and profit of a group , and is addition to finding suitable solutions to different family problems , the modern Arab legislator has brought into existence a juridical term known as “TENZEEL’’ ,the idea consists of , as the Algerian code of family mention through the article № 169 , the compensation of a grand child about what his parents would inherit from his grand parents , as they die ( parents ) , and then he would get what his parents were supposed to if they were alive , inspite of that the urgent need for a financial support also led to the presence of the articles 171 and 172 of the same code , it means for the favor of the grand children .

We should focus on the fact that there have been different opinions holding opposite ideas on whether it’s legal or not , all of them were based on many arguments whatever from the holy book ( Qur’an)or the proplet speech (Hadith ) -peace be upon him –some were for and others against .

We objectively share the same point of view with those opposing this idea because of possessing persuasive proofs as they doubt on its juridical nature and its ambiguity .Then , we have to wonder “is it an invisible heritage shaped as a testament or a testament based on law??’’ Surely , it seems more convincing to de duce that it’s a sort of an obligatory juridical testament .