أبحاث قانونية وسياسية
Volume 8, Numéro 3, Pages 312-324
2023-12-31
Limited Capacity Between The Algerian Civil Code And The Family Code, Wich Contradiction?
Authors : Bouderbala Mouni .
Abstract
The legal capacity is very important, because it determines the fate of the legal acts that the person concludes, and the Algerian legislator included the legal articles related to capacity in the civil law, and at the same time he referred some issues of legal capacity to the family law, and he fell into contradiction, so that it make a circle Incompetence not clear, as some people were considered have limit capacity in civil law and at the same time considered incapacitated in family law, this study came to high light on the areas of contradiction in which the legislator fell, and on the legal problems that this contradiction raises. The study concluded that it is necessary to amend some legal articles related to eligibility to get rid of the current contradiction, with the need to include an article in the civil law that determines the reason for referral to the family law, taking into consideration the wisdom of the two legislations.
Keywords
Capacity ; Foolishness ; Heedless ; Insanity
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