مدى الاعتراف بالطلاق غير القضائي في القانون الجزائري

Abstract EN

Algerian family law recognizes divorce only when it is pronounced by a court (judicial divorce).

Therefore the dissolution of the marital relation does not produce any legal effect before the pronouncement of the divorce by the court.

For that reason, this judgment is creative and not declarative of the new legal situation of the spouses.

The legislator does not take into consideration the divorce that takes place outside the court, and therefore he denies the right of the husband to divorce and to return back his wife without any new expenses.

From another side, the affirmation of the right of the wife to succession during her prescribed period is a proof on the instable position of the legislator which is reflected in the contradictory judgments of courts and its non homogeneity with the rules of Islamic religion.