أحكام التنزيل في التشريع الجزائري

Abstract

In articles 169 to 172 of the Algerian Family Code, the Algerian legislator introduced the provisions of descending, a system introduced to support and oppose, whose nature differs from inheritance and optional will, so that it is considered independent in itself, it is not a pure inheritance or a pure will, as it is distinguished from inheritance in that it is according to its authors to compensate for the missing grandchildren of the legacy of their origin, while inheritance is a legitimate and legal right, and is distinguished from the will as it arises by the force of law. The will shall be established by the will of the guardian, althoughthe natural fate of the mother shall be the heirs according to the share of each individual prescribed by law and law, but the legislator has recognized to the grandchildren the right to replace their inheritance from the legacy of the grandfather or grandmother when the son or girl dies before their father or mother, taking into account the fulfilment of the conditions and prohibitions of the download, and the problems it raises between the law and the legal rooting, and becauseThe Algerian legislator has not been procedurally adjudicated, which is still controversial in practice, as the judiciary considers the competent body legally to deal with the issue procedurally because receiving the statements of the heirs before the notary is not sufficient to free the obligation to include grandchildren among the heirs, where the judge is obliged to file a descending suit and the conduct of the litigation in it to the general rules of the lawsuit, especially the claims of the Family Affairs Section in accordance with the Law of Civil and Administrative Procedures, and the judge shall be dismissed by a ruling after verification of the general rules of the lawsuit, especially those of the Family Affairs Section in accordance with the Law of Civil and Administrative Procedures, and the judge shall be dismissed by a ruling after verification of the general rules of the lawsuit. To meet the formal and objective conditions of the descend and a statement of the amount of the decision of them based on a number of procedures under the powers granted to him, through the appointment of a documented to include the heirs in the obligation and determine the legitimate shares, and then the use of an expert to account for the legacy of the heir of the descendants, compare it with the legacy of the grandfather or grandmother and prepare a divided project.