السلطة التقديرية لقاضي شؤون الاسرة في قضايا الخطبة و الزواج
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Date
2021
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جامعة المسيلة
Abstract
slam took great care of the family, and considered it the
essence construction and development of any society.
Therefore, it worked to organize it in a precise manner, and
followed its approach the Algerian legislator through the
family law, and due to the sensitivity of some topics, the
Algerian legislator turned to granting the family affairs judge
the authority to implement his discretionary authority
regarding them. This is evident in the issues of engagement
and marriage, the subject of this study, which I divided into
two chapters; In the first chapter, I dealt with the
discretionary power of the family affairs judge in engagement
cases, where the engagement was defined and explained its
jurisprudential and legal nature and the consequences of
renouncing it in relation to the dowry, gifts and
compensation for damage. About the sermon, and in the
second chapter, it dealt with the discretionary power of the
family affairs judge in marriage cases, as it devoted a section to
the judge’s discretionary authority in marrying off a minor
and another topic to his discretion in licensing polygamy. The
study came to the conclusion that the family law granted
broad discretion to the judge. In these cases, he often did not
specify terms that needed to be precisely defined, nor did he
specify the criteria for estimating compensation or the criteria
for determining what is meant by each of the conditions of
polygamy, for example, which makes the work of the judge
difficult and requires reviewing and amending these textsه
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السلطة التقديرية- شؤون الاسرة -الخطبة -الزواج