الآليات القانونية لاستفادة الزوجين مختلفي الديانة من التركة : دراسة تحليلية في القانون الجزائري

Abstract EN

The difference of religion is one of the impediments to inheritance, so the disbeliever is not allowed to do so as long as the difference exists, and therefore the couple can not inherit each other.

However, the Islamic law guaranteed them other ways to benefit from the legacy, the most important of which is the testament and the donation , and the same approach followed the Algerian legislator, and authorized the commandment with the difference of religion, but did not impose the commandment in the case of nonadvice, as Ibn Hazm Thahiri.

He also granted the donation with the difference of religion, and if it was concluded in the disease of death, but it is the provisions of the donation of death in the provisions of the testament.