السلطة التقديرية للقاضي في الحكم بموت المفقود

Abstract EN

The disappearance of a person causes damages to his family and his funds.

If he doesn’t appear after looking for him, then his death must be ruled.

But, determining the period before ruling death was a subject of disagreement among scholars.

Otherwise, Algerian family legislator attempted to identify this period by giving the judge discretionary power.

That is through the considerateness of disappearance circumstances, beside researching and investigating by all possible means before ruling death, after a period of not less than four years.

This, calls to search over the discretionary power of the judge in pronouncing death ruling of the missing person.