دور القاضي في حماية الأسرة في النزاعات المالية بين الزوجين

Abstract EN

The family is established by marriage, which arranges mutual rights and duties between the spouses, which are binding on each party.

Among the most important rights from which arisesdisputes are the financial rights between the spouses, especially the joint funds between them, whether these funds are inside the marital home, Or outside it, such as partnership in the purchase of a property or a movable without specifying the share of each of them, due to the considerations and principles of trust between the spousesupon which marriage and marital life are based of.

Despite the introduction of a new financial system by the Algerian legislator through the provision of article 37/2 of the Algerian Family Law to protect their rights in these funds by expanding the will (consent) of both spouses by by agreement between them to include clauses in the marriage contract or in asubsequent formal contract on the fate of their joint funds Which they acquired during theirmarriage by determining their respective share in this funds, However, this protection, which was approved by the Algerian legislator remains deficient and useless in the absence of agreement between the spouses on the division of these funds, Hence arise the need to the judiciary intervention to resolve these financial disputes between the spouses, whether the judiciary of family affairs in order to resolve the dispute about the dispute over household goods as a common property between them Or the civil judiciary in respect of the funds acquired between spouses outside the marital home by applying the common property provisions for the apportionment of such funds, Thus, the role of the judge here lies in implementing and embodying the protection approved by the legislator to protect the family, by dividing the joint funds between the spouses when thiscan not be agreed upon between them, andeven if they agree between them on the division of these funds , the judge has a role in protecting the family by monitoring the fairness of this division as permitted by law.