تنزيل أولاد البنات : تعليق على قرار المحكمة العليا الصادر عن غرفة شؤون الأسرة و المواريث ملف رقم 759763 المؤرخ في 12-09-2013 المنشور في المجلة القضائية للمحكمة العليا لعام 2014 العدد الأول

Abstract EN

The present research is a commentary on the decision of the Supreme Court registered under number 759763 and issued by the Family Trial Chamber on 12/09/2013.

This law is among the most decisive legal laws in the field of defining the status of girls' children to inherit their grandfather while knowing full well that the Algerian legislator has not treated this part in its provisions thus opening the door of the diligence to the judicial power in accordance with the provisions of Islamic law as it is indicated in Article 222 of the Algerian law of the family.

We have come to the conclusion that the Supreme Court rules on the right of the girl's children in the patrimony left by the grandfather as well as the children of the son, as we have made clear on many occasions.

Thus, we have evoked the case law and legal position regarding the inheritance of the girl's children and the arguments put forth by each doctrine and their arguments in the interpretation of Article 169 of the Algerian Family law.