حماية الذمة المالية للطفل في القانون الجزائري
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Date
2025
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جامعة المسيلة
Abstract
The Algerian legislator has acknowledged the financial autonomy of the child while concurrently instituting mechanisms to safeguard it. The child's capacity to dispose of their assets is restricted, as contracts they enter into may be deemed null, voidable, contingent upon the approval of their legal representative, or enforceable if exclusively beneficial to the child. The child is subject to the legal guardianship system, which imposes supervision and accountability upon the guardian. Certain acts of the guardian require prior authorization, and the sale of immovable property is confined to public auction procedures.
This study, employing both inductive and deductive methodologies, provides a comprehensive examination of these aspects. Findings reveal that the legislator’s distinction between the discerning and non-discerning child regarding limitations on their financial transactions is judicious. Among the principal recommendations is the consolidation of statutory provisions concerning the protection of the child's financial estate within the Family Code, as well as granting the paternal grandfather guardianship rights over the child's assets.
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Keywords
Financial autonomy – Child – Legal protection – Algerian legislation.