إثبات عقد الزواج العرفي في القانون الجزائري
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Date
2024
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة المسيلة
Abstract
Thèse studies aimed to elucidate the conceptual framework of customary marriage
and all that falls within this domain. The research problem lies in how to prove
customary marriage and its registration procedures, highlighting the importance of
the issue due to its lack of documentation, resulting in the loss of rights and the
occurrence of injustices due to the mingling of lineages. The researcher adopted an
analytical approach to interrogate legal texts and analyze them, as well as judicial
rulings, followed by a descriptive and comparative method to differentiate between
various aspects of marriage contracts. The key findings of the research are that the
lack of documentation of customary marriage undermines the legal status of
individuals, particularly in cases of denial and repudiation, leading to devastating
effects on families and society. Moreover, customary marriage is surrounded by
risks and is constantly threatened due to the husband's evasion of responsibilities.
The wife, while demanding her legitimate rights, finds herself in real dilemmas
before the judiciary due to the absence of formal recognition as an essential
condition for accepting the claim
Description
Keywords
Marriage - Documentation - Custom - Judiciary - Legislation